Dangerous Operation (Criminal)

What Constitutes Dangerous Operation of a Motor Vehicle in Ontario?

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Dangerous driving is legally recognized as a criminal offense under the Criminal Code of Canada. This charge applies when an individual operates a motor vehicle in a manner considered dangerous to the public, under all prevailing circumstances.

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Dangerous driving can occur in areas typically frequented by the public such as schools, parking lots, and shopping centers. Importantly, the actual presence of others is not necessary for the offense to be recognized.

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For a dangerous driving charge to hold, law enforcement and the prosecution must show that the driver intentionally committed the offense, meaning the driver was aware or should have been aware that their actions posed a risk of harm to others.

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If the dangerous driving results in bodily injury or death, the charges escalate to dangerous driving causing bodily harm or dangerous driving causing death, respectively.

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This offense should not be confused with careless driving, a provincial offense under the Highway Traffic Act. Careless driving generally involves unintended risky driving that may cause minor injuries or none at all, whereas dangerous driving denotes intentional or grossly negligent behavior that seriously endangers others.

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Examples of Dangerous Driving in Ontario:

• Excessive speeding or racing;

• Driving under the influence of drugs or alcohol;

• Distracted driving, such as using a cell phone or eating while driving;

• Aggressive driving behaviors like tailgating or erratic lane changes;

• Ignoring traffic signals or signs;

• Failing to yield right-of-way to other vehicles or pedestrians;

• Recklessly or carelessly operating a vehicle;

• Driving a vehicle with mechanical issues that impair safe operation;

• Neglecting vehicle maintenance, like using worn-out brakes or tires.