Driving Offences

Knowledge of the collision is an element the Crown must prove. In many fail-to-remain cases — particularly low-impact contacts — the knowledge element is genuinely contestable. We assess at the outset.

Usually, yes. A Criminal Code conviction for dangerous driving allows the court to impose a driving prohibition, and Ontario separately suspends your licence on conviction — at least one year for a first offence under the Highway Traffic Act, and longer for repeat or more serious offences. We address both tracks in the defence and sentencing strategy.

Street racing requires proof of a competitive driving element with at least one other vehicle. It carries enhanced penalties and frequently arises from speed-based traffic stops. The defence often focuses on whether the racing element is actually proven.

Yes. Dangerous operation of a conveyance is a Criminal Code offence, separate from a careless-driving ticket, and a conviction creates a criminal record. The Crown must prove the driving was a marked departure from the standard of a reasonable driver.

Failing to stop at the scene of an accident with intent to escape liability is a Criminal Code offence. Intent is a key element — leaving without that intent, or for a lawful reason, can be a defence.

Sometimes. Where the criminal case has weaknesses, a reduction to a Highway Traffic Act offence such as careless driving — which is not a criminal charge — may be negotiable, avoiding a criminal record.

Dangerous operation causing bodily harm under section 320.13(2) of the Criminal Code carries up to 14 years’ imprisonment on indictment, or up to two years less a day summarily, with minimum punishments under section 320.2 of a $1,000 fine for a first offence, 30 days for a second and 120 days for subsequent offences. A driving prohibition can also be ordered. If death results, the maximum is life. Whether the driving was truly dangerous, not merely careless, is often decisive.

Under section 53 of the Highway Traffic Act, driving while suspended currently carries a fine of $1,000 to $5,000 for a first offence (higher fines have been legislated but not yet proclaimed), up to six months in jail, and an extra six-month suspension. If the suspension stems from a Criminal Code conviction, fines rise to $5,000–$25,000. Driving while prohibited by a criminal court order is a separate criminal offence under section 320.18 of the Criminal Code.

Yes. Under section 320.17 of the Criminal Code, it is an offence to operate a motor vehicle or vessel while being pursued by a peace officer and fail, without reasonable excuse, to stop as soon as is reasonable. It is a hybrid offence with a maximum of 10 years on indictment, and a driving prohibition can be imposed. The Crown must prove you knew you were being pursued, so lights, sirens, distance and visibility are often key evidence.

No. Stunt driving and street racing under section 172 of the Highway Traffic Act are provincial offences, so a conviction does not create a criminal record. The penalties are still severe: a 30-day roadside licence suspension and 14-day vehicle impound, then on conviction a fine of $2,000 to $10,000, possible jail of up to six months, and a licence suspension of at least one year for a first conviction and three years for a second. Aaron M. Spektor defends these charges.