Dangerous Driving

What is dangerous driving?

Operating a motor vehicle dangerously in Ontario is a criminal offence under section 320.13(1) of the Criminal Code of Canada. It involves driving that significantly deviates from the standard of care a reasonable person would follow, thereby putting the public at risk.

Common examples include:

• Excessive speeding or street racing
• Aggressive or reckless driving
• Unsafe passing or weaving through traffic
• Ignoring traffic signals or road conditions

Types of dangerous driving charges 

• Dangerous operation: General dangerous driving.
• Dangerous operation causing bodily harm: Results in injuries to another person.
• Dangerous operation causing death: Results in a person’s death.

While dangerous driving is a criminal offence under the Criminal Code, careless driving is a less serious, non-criminal provincial offence under the Ontario Highway Traffic Act.

Is dangerous driving a criminal offence in Ontario?

Yes. In Ontario, dangerous driving results in a criminal record because it is classified as a criminal offence under the Criminal Code of Canada. A conviction for dangerous driving will lead to a criminal record.

Types of dangerous driving explained

Penalties for these offences have been strengthened, particularly with new 2026 provincial regulations in Ontario, under Andrews Law, that introduce immediate roadside consequences and lifetime bans for the most severe outcomes. Courts also consider aggravating factors such as excessive speed, impairment, or prior driving history.

The following outlines the federal criminal penalties and administrative sanctions for convictions for the dangerous operation of a vehicle.

Offence	Key Elements	Maximum Penalties	Additional Consequences
Dangerous Driving (Basic Offence)	Dangerous operation of a vehicle and/or negligence or disregard for safety	– Up to 5 years imprisonment – $1,000–$10,000 fine	– Criminal record  – 1-year licence suspension  – 6 demerit points  – Probation  – Higher insurance (5+ years)
Dangerous Driving Causing Bodily Harm	Dangerous driving, bodily harm caused, negligence or intent	– Up to 14 years imprisonment – Driving prohibition (up to 10+ years) – $1,000–$10,000 fine	– Criminal record – 1-year suspension – 6 demerit points – Probation – Increased insurance
Dangerous Driving Causing Death	Dangerous driving, death caused, recklessness or disregard for safety	– Life imprisonment (indictable)  – Min. 1 year (summary) – Driving prohibition (10+ years)  – $1,000–$10,000 fine	– Criminal record  – 1-year suspension  – 6 demerit points  – Probation  – Increased insurance

Penalties for dangerous driving

Dangerous driving is a serious federal offence under the Criminal Code of Canada, and convictions can lead to severe, life-altering penalties that far exceed a regular traffic ticket.

Immediate and long-term effects of dangerous driving

• Permanent criminal record: A lifelong conviction visible on background checks, affecting employment prospects and international travel.
• Imprisonment: Up to 14 years in federal prison.
• Mandatory licence suspension: A one-year automatic provincial licence suspension by the Ontario Ministry of Transportation (MTO).
• Court-ordered driving ban: Judges can impose driving prohibitions from 1 to over 10 years.
• Fines: Starting at $1,000, often reaching $10,000 or more based on the case.
• Demerit points: 6 demerit points will be added to your Ontario driver’s record for dangerous driving.
• Criminal probation: Courts may impose strict probation conditions for up to 3 years.
• High-risk insurance: Expect increased rates or even loss of coverage, with premium increases lasting 6 to 10 years.

What factors affect sentencing for dangerous driving?

Sentencing decisions are at the judge’s discretion. The court considers factors such as:

• The extent of bodily harm to victims.
• The level of recklessness or deviation from safe driving standards.
• Past criminal or driving history.
• The influence of alcohol, drugs, or high speeds.

How long does a dangerous driving conviction stay on your record?

In Ontario, a dangerous driving conviction stays on a person’s driving record for at least 10 years, meaning it will be recorded on their driver’s abstract for that period from the conviction date. Here’s how a dangerous driving conviction can impact your record:

• Criminal record: A dangerous driving conviction results in a permanent criminal record, visible on background checks for employment and travel indefinitely. To remove it, you must apply for a Record Suspension (Pardon), which usually requires a waiting period of 5 to 10 years after serving the entire sentence, including fines and prohibitions.
• Driver’s abstract: Although provincial rules differ, generally, a dangerous driving conviction remains on your public driving abstract for 3 years for basic records, with serious convictions possibly visible for up to 10 years.
• Insurance history: Insurance companies consider dangerous driving a serious or criminal offence. Even after the conviction drops from your 3-year abstract, insurers may review your history or licence suspensions for 6 to 10 years, often leading to high-risk insurance premiums.
• Demerit points: In most provinces, including Ontario, demerit points stay on your record for 2 years from the offence date. While points expire, the conviction itself remains on your abstract for a longer period.

Record Type	Duration	Impact
Criminal Record	Permanent	Background checks, travel, employment
Insurance Record	6-10 Years	High-risk premiums
Driver’s Abstract	3-10 Years	Employment driving abstracts
Demerit Points	2 Years	Licence suspension thresholds

What’s the difference between dangerous and careless driving?

Dangerous driving involves risky behaviour that endangers lives and can lead to criminal charges, jail, and licence suspension. Examples include street racing or driving into traffic. Careless driving, a traffic violation with lower care standards, usually results in fines and demerit points.

Dangerous driving, a criminal offence, often involves deliberate recklessness, while careless driving can be accidental, caused by mistakes or distractions, like texting or improper lane changes, leading to accidents.

Penalties for dangerous driving include jail and a criminal record, while careless driving generally results in fines up to $2,000, licence suspension, and demerit points.

Dangerous driving examples

From stunt driving to failing to yield, there are many examples of dangerous driving.

• Street racing or excessive speeding
• Driving under the influence of drugs or alcohol
• Distracted driving (texting, eating)
• Aggressive driving (tailgating, cutting off vehicles)
• Ignoring traffic signals or signs
• Failing to yield to vehicles or pedestrians
• Driving an unsafe or poorly maintained vehicle

How to fight a dangerous driving charge in Ontario

Contesting a dangerous driving charge in Ontario depends primarily on whether the Crown can demonstrate that your driving significantly deviated from normal behaviour, posing a danger.

Step 1: Review the evidence

Start your defence by thoroughly examining the disclosure, including police notes, dashcam footage, and witness statements. This helps identify any weaknesses, contradictions, or gaps in the case against you.

Step 2: Question the legal threshold

Not all improper driving qualifies as criminal. A strong defence emphasizes that your conduct does not meet the high criminal standard. This may involve challenging police judgments and observations, pointing out inconsistencies in witness testimonies, or arguing that your driving is closer to careless rather than criminal behaviour.

Step 3: Develop a strategic defence

After assessing the evidence, formulate a legal strategy. Possible options include arguing Charter violations, such as delays or rights breaches, negotiating reduced charges for careless driving, or seeking to withdraw or dismiss the case.

Many dangerous driving allegations hinge on subtle details. What seems dangerous initially may not meet the strict legal criteria for a conviction. Early action allows your defence to challenge the case before it results in a criminal record.

How JUSTICEJOLT can help fight a dangerous driving conviction

Representing yourself is a risk you can’t afford. Dangerous driving charges aren’t simple tickets; they are high-stakes legal battles with complex rules and life-altering consequences.

Here is how JUSTICEJOLT protects you:

• Expert summary defence: We specialize exclusively in traffic and summary law, providing aggressive, tailored strategies that generalists miss.
• Record protection: We fight to help you avoid a criminal record, licence suspensions, and demerit points that could haunt you for years.
• Total court management: Our team handles all appearances and filings on your behalf, removing the stress and keeping you out of the courtroom.
• Levelling the playing field: We challenge improper charges and ensure your rights are upheld against a system that can be difficult to navigate on your own.
• Hassle-free access: Professional legal help is just a few clicks away. We’ve streamlined the process to be accessible, digital, and efficient.

Because the impact is permanent or long-lasting, the most effective way to protect your future is to contest the charge before it reaches your record. Strategic legal defence can help negotiate charges down to non-criminal offences under the Highway Traffic Act, preventing a criminal record and minimizing insurance hikes.