Dangerous driving (formally referred to as dangerous operation of a conveyance) is one of the most serious driving-related offenses under Canada’s Criminal Code and can have far reaching repercussions that extend well beyond courtroom proceedings. Under section 320.13 of the Criminal Code, an offense occurs if anyone operates their conveyance in such a way that could endanger public safety.
“Conveyance” refers to any means of conveyance, from motor vehicles and boats to aircraft and railway equipment – meaning the same legal framework applies if you were driving on Highway 401, operating a boat on Lake Ontario or piloting an aircraft. What sets dangerous driving apart from careless driving violations under section 130 of the Highway Traffic Act is the legal test the Crown must meet to prove liability. R. v. Beatty established by the Supreme Court of Canada requires proof of “marked departure” from what should have been expected from an ordinary, prudent driver in comparable circumstances.
An instance of negligence, an unsafe lane change, or an unfortunate collision rarely suffices as justification for action taken against it. The Crown must demonstrate that, from an objective viewpoint, defendant’s driving fell far below what an acceptable driver would have done given factors like road conditions, weather, traffic density, visibility, speed and the behavior of other users of the roadway. Erickson Law has over two decades of experience analyzing the fine line between honest driving error and criminal conduct, and we bring that expertise into every file we handle. never see court.John Erickson has successfully represented individuals charged with drivinig over 80 offences throughout Toronto, the GTA, and southern Ontario for almost two decades. Driving over 80 refers to when an individual exceeds 80 milligrams of alcohol per 100 millilitres of blood.
Driving while intoxicated or impaired refers to driving a motor vehicle while under the influence of any mind-altering substance such as alcohol, prescription or illegal drugs, or sleep deprivation; such driving convictions don’t require evidence showing actual poor driving; rather it just needs to prove a breath sample reading exceeded legal threshold plus evidence which was admitted; that alone can secure conviction of conviction of those charged.
At this stage, the hard work begins. Most over 80 cases don’t succeed by contesting the science behind a breathalyzer; rather, they do so by scrutinizing how police collected evidence in the first place; if your Charter rights were breached at any point during your detention or at the station, even breath samples may never see court.
Call (416) 363-3612 or write to info@ericksonlaw.ca to book your free consultation today with an experienced DUI defence lawyer in Toronto.
The Three Tires of Dangerous Driving and the Penalties you Face
The Criminal Code sets forth three tiers of dangerous driving offenses, each carrying different penalties based on its consequences. Under section 320.13(1) is dangerous operation without injury or death (also a hybrid offense). When the Crown proceeds summarily, the maximum sentence can be two years less one day of imprisonment; when proceeding by indictment, this number rises to ten. Section 320.13(2) includes dangerous operations that cause bodily harm with an increased maximum sentence of fourteen years on indictment.
Dangerous Operation Causing Death Under Section 320.13(3) This charge must be pursued exclusively through indictment and can carry up to life imprisonment as the maximum sentence. Every conviction incurs a mandatory driving prohibition, starting from one year for first offenses and reaching up to ten years or longer in cases resulting in death. Even without injuries being caused, being charged with dangerous driving leaves a permanent criminal record that follows you for life; absolute and conditional discharges for these charges are rarely available, which is often what comes as a shock to clients. Auto insurance premiums can skyrocket, and many insurers refuse to renew coverage altogether – forcing drivers into the Facility Association high-risk pool for years at a time.
Erickson Law understands the devastating repercussions of dangerous driving charges can extend far beyond driving alone; from blocking entry into the United States to derail immigration and permanent residency applications, professional discipline proceedings for regulated occupations, child custody disputes and career loss due to driving, bonding or background check requirements (with commercial drivers often losing out altogether). For this reason alone, each dangerous driving allegation filed with Erickson Law should be seen as worth fighting, even when initially presented by Crown authorities with unfavorable positions from them – no matter their initial position from them!
Building a Strategic Defense with Erickson Law
Dangerous driving files are heavily fact-dependent, and they almost always turn on how the evidence is interpreted rather than whether an incident occurred. This creates real opportunities for a defence lawyer who knows where to apply pressure. John Erickson is a former Crown prosecutor, and that inside knowledge of how the prosecution builds these cases is one of the most valuable assets we bring to our clients. Our defence approach begins with a forensic review of the entire evidentiary record, including police notes, collision reconstruction reports, dashcam and bodycam video, 911 call recordings, witness statements, and any surveillance footage that captured the incident.
The most common and often most successful line of defence is to attack the “marked departure” threshold head on. Many incidents that police label as dangerous driving in fact amount to ordinary negligence, a momentary lapse in attention, an unforeseen mechanical failure, or an evasive manoeuvre taken in response to another driver’s error. These scenarios may support a civil claim or a careless driving ticket, but they do not meet the criminal standard. We also frequently negotiate with the Crown to reduce a dangerous driving charge to the provincial offence of careless driving, which carries no criminal record and no mandatory licence suspension under the Criminal Code.
Where the evidence includes statements made to police, particularly accident reports provided under the Highway Traffic Act, we invoke the protection established in R. v. White, which renders such compelled statements inadmissible in criminal proceedings under section 7 of the Charter. Charter defences are central to our approach more broadly. Violations of your right to counsel under section 10(b), unreasonable search or seizure under section 8, arbitrary detention under section 9, or trial delay under the framework in R. v. Jordan can all lead to the exclusion of evidence or an outright stay of proceedings. When causation is in dispute in bodily harm or death cases, we work with independent collision reconstruction experts, mechanical engineers, and medical specialists to challenge the Crown’s theory from every angle. No stone is left unturned.
Why Clients Across Ontario Choose Erickson Law
When you are charged with dangerous driving, the stakes are too high to settle for generic representation, and Erickson Law is built to respond with the focus and discretion these cases demand. John Erickson has practised criminal law for more than twenty years, appearing at every level of court in Ontario, and his background as a former Crown attorney means our clients benefit from a lawyer who understands both sides of the courtroom. That dual perspective pays dividends in every phase of a dangerous driving file, from the earliest Crown pre-trial discussions through to trial advocacy and, where necessary, appeal. We reject the cookie-cutter approach that high-volume firms often apply to driving offences.
Every file at Erickson Law is treated as unique, and every defence strategy is tailored to the specific facts, witnesses, and circumstances of the individual client. Our billing is transparent, with block-fee arrangements offered wherever possible so that you know your costs at the outset, and flexible payment plans are available to ensure that quality defence remains within reach. We are accessible twenty-four hours a day for urgent matters, including fresh arrests, bail situations, and after-hours consultations, because criminal charges do not respect business hours and neither do we.
Discretion is equally central to our practice. John Erickson has long maintained that when a lawyer’s name appears in the newspapers, the client has been done a disservice, and that principle of quiet, results-focused advocacy guides every file we handle. If you have been charged with dangerous driving, dangerous driving causing bodily harm, or dangerous driving causing death anywhere in Toronto, the GTA, or southern Ontario, the single most important step you can take is to speak with an experienced criminal defence lawyer before providing further statements or entering a plea. Call John Erickson directly at (416) 363-3612 to arrange a free, confidential consultation, and begin protecting your licence, your record, and your future today.
