Dangerous Driving

The Highway Traffic Act is Ontario’s provincial driving legislation. If you are convicted of an HTA offence you will not receive an entry on your criminal record, however there are still serious consequences that can attach to an HTA conviction such as:

• Fines
• Probation orders
• Demerit points and licence suspensions
• Imprisonment

Under the Criminal Code, dangerous operation occurs where an individual operates a conveyance (a car, motorcycle, boat etc.) in a manner that, having regard to all the circumstances, is dangerous to the public. It does not matter if the driver did not cause an accident—it is an offence to drive in a dangerous manner regardless of the outcome, although the penalties are more serious if the dangerous operation resulted in death or bodily harm.

Yes. You can be convicted of dangerous operation for falling asleep at the wheel if:

• You started or continued driving when there was a real risk of you falling asleep; AND
• You knew or ought to have known it was dangerous to do so because there was a real risk you would fall asleep

There are mandatory minimum penalties for dangerous operation, whether the Crown proceeds summarily or by indictment. In both cases, drivers are liable to a minimum punishment of:

• $1000 for a first offence;
• 30-days imprisonment for a second offence; and
• 120 days imprisonment for each subsequent offence.

For summary convictions, drivers are liable to a maximum $5000 fine and/or two years less a day in custody.

For indictable offences, drivers are liable to a maximum of 10 years in custody.

In cases where the dangerous operation resulted in bodily harm, the maximum term of imprisonment increases to 14 years, and where the dangerous operation results in death, the maximum term increases to life imprisonment.

Careless Operation is the Highway Traffic Act charge that captures dangerous driving behaviour. Careless occurs where an individual drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.

If you are convicted of Careless Operation under the HTA you are liable to:

• A fine not less than $400 but not more than $2000;
• Six-months imprisonment;
• A two-year licence suspension

A conviction for Careless Operation will also attach six demerit points to your licence.  The penalties are increased where the Careless Operation results in death or bodily harm.