Criminal driving offences and their penalties can be found in the Canadian Criminal Code. However, there may also be penalties if convicted under the provincial Ontario Highway Traffic Act.

 If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible.

These offences include:

• Driving while licence suspended
• Failure to stop after an accident
• Dangerous driving
• Criminal negligence

Impaired driving

There are also five alcohol and drug-impaired driving/DUI related offences under the Criminal Code:

• Driving while intoxicated by alcohol or drugs: Impaired driving, section 320.14 (1) (a)

• Driving while exceeding the legal blood-alcohol limit: Over 80 section 320.14 (1) (b)

• Driving while exceeding the legal blood-drug limit, section 320.14 (1) (c)

• Driving while exceeding the legal combination of blood drug/alcohol limit, section 320.14 (1) (d)

• Failure or refusal to comply with demand, section 320.15

For more information on these offences, including penalties, view 7700 Overview of impaired driving (DUI) laws in Canada.

Offences and penalties under the Criminal Code

 1.  Drive while licence suspended, section 320.18 (1)

If you are convicted of driving while your licence is suspended, called operation while prohibited (a hybrid offence), you may face the following penalties:

• a jail term of not more than two years less a day if the offence is punishable on summary conviction (less serious), or
• imprisonment for a term of up-to 10 years, if the Crown prosecutor decides to proceed by indictment (more serious).

Licence suspension: In addition to any other punishment, the Court may extend the licence suspension time-period.

Ignition interlock device program exception: Anyone who is registered in the program, and who is complying with the conditions of the program, is allowed to drive while their licence is suspended.

2. Failure to stop after accident, section 320.16, etc.

Failing to stop after an accident is a hybrid offence. If convicted:

• summarily (less serious) the maximum punishment is imprisonment for up-to two years less a day;
• by indictment the maximum punishment is imprisonment up-to ten years.

If the accident resulted in bodily harm, the minimum penalties are:

• for a first offence, a fine of $1,000, and
• jail term for a second offence and subsequent offences.

If the accident resulted in someone’s death, the minimum penalties are

• for a first offence, a fine of $1,000, and
• jail term for a second offence and subsequent offences, up-to life imprisonment.

Licence suspension: In addition to any other punishment, the Court may order a licence suspension.

3.  Dangerous driving, section 320.13

Dangerous driving is a hybrid offence. If convicted:

• on summary conviction, the maximum jail time is up-to two years less a day,
• on indictment (more serious), the driver could face imprisonment up-to 10 years.

Dangerous driving that causes bodily harm: If you are convicted, the minimum penalty is:

• for a first offence, a fine of $1,000,
• for a second offence, imprisonment for a term of 30 days, and
• for each subsequent offence, imprisonment for a term of 120 days.

This is a hybrid offence, and if convicted, the driver may also face:

• a jail term of not more than two years less a day if the offence is punishable on summary conviction (less serious), or
• imprisonment for a term of up-to 14 years, if the Crown prosecutor decides to proceed by indictment (more serious).

Dangerous driving that causes death: If convicted, the minimum penalties are the same as for dangerous driving causing bodily harm, but the maximum jail term is for life. It is a strictly indictable offence.

Licence suspension: In addition to any other punishment for a dangerous driving offence, the Court may order a licence suspension.

4. Criminal negligence, section 219 (1)

The offence of causing bodily harm by criminal negligence is an indictable offence, punishable by a maximum jail term of up-to 10 years. If someone is killed, then the maximum punishment is life imprisonment.

Penalties under the Ontario Highway Traffic Act

Licence suspension: If you are convicted of a Criminal Code driving offence, your licence will be suspended under the rules of the Ontario Highway Traffic Act. You will receive:

• a one-year licence suspension for the first time you are convicted, and
• for subsequent convictions, the length of time increases substantially, up-to a lifetime ban.

Convictions for driving offences under the Criminal Code will remain on your driver’s record for a minimum of 10 years.

Depending on the circumstances and severity of the offence, a driver convicted of a criminal driving charge may face addiitional penalties under provincial law, including:

• additional fines,
• penalties,
• requirement to participate in programs, and
• imprisonment.

Automobile insurance

If you were in an automobile accident, which resulted in you being convicted of a criminal driving offence:

• your automobile insurance policy will probably not cover damage to your vehicle;
• you may not be eligible to receive certain other benefits, such as income replacement benefits; and
• you may be personally liable for damages and injuries suffered by the other party involved in the accident.

Criminal record

If you were ever charged with a criminal offence (photographed and fingerprinted), regardless of the outcome at court (conviction, discharge, withdrawn, acquitted, dismissed) you will have some type of criminal record on file.

Get Help

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a driving offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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