Dangerous Operation of Motor Vehicle
This charge is another type of driving offence that is codified under the Criminal Code of Canada.
This charge of dangerous operation was previously codified under 249 of the Criminal Code.
Under the previous section, depending on the type of operation whether it was a motor vehicle, vessel, aircraft, or railway equipment, each was given its own charging provision under this section.
However, due to the recent amendments of the Criminal Code this type of driving charge has been repealed under the previous section and is now codified under 320.13 of the Criminal Code of Canada. It is now categorized as Offences relating to Conveyances.
Under section 320.13(1) of the Criminal Code, Dangerous operation reads:
Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
This offence, based on the broad plain reading of the provision, is focused upon the manner of the operation of the conveyance, ( which is defined in the criminal code as a motor vehicle, vessel, aircraft, or railway), that is a danger to the public. The manner of the operation is the primary focus.
Due to the wording of the charge, the offence is fact specific, and depends on context. This is because the provision reads “having regard to all of the circumstances”. The court will analyze the facts of the case, and the judge will decide if in the circumstances, the operation of a conveyance is dangerous to the public.
This type of charge all varies in degree and depending on consequence will make the offence more serious.
If the dangerous driving results in bodily harm, section 320.13(2) reads:
Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
If the dangerous driving results in death, section 320.13(3) reads:
Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
As per section 320.22 of the Criminal Code there are many aggravating factors outlined which upon sentencing will make the offence more serious. For example, if the commission of the offence resulted in bodily harm or death, this fact is treated as an aggravating factor on sentencing.
It is the duty of the crown prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of dangerous operation, dangerous operation causing bodily harm, dangerous operation causing death must be met in order to be found guilty.
This type of offence is not to be treated lightly since if the individual is convicted, it will lead to a Criminal Record. Further, depending on the individual’s immigration status in Canada, there may possibly be immigration consequences involved if convicted.
If you are charged with Impaired Operation and/or an Over 80 charge, you may have a legal defence available depending on the facts of the case. Your DUI criminal defence lawyer will advise you if there are any legal defences to your alleged criminal charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or a criminal defence lawyer regarding your criminal case. It is also important to know that you have constitutionally protected legal rights and it is equally important that they are preserved.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your consultation. As a Criminal Defence Lawyer in Mississauga, I will defend your case and fight for you to ensure that you obtain the best possible in a time effective manner. Legal Aid Certificates are also accepted. Hire me as your Legal Aid Criminal Defence Lawyer in Mississauga today!
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