Defending Dangerous Driving, Flight From Police and Fail to Remain Charges

Not every driving charge is a traffic ticket. Dangerous driving, fleeing the police, leaving the scene of a collision and driving while prohibited are Criminal Code offences that carry a criminal record and possible jail. This page explains those charges and how they differ from Ontario Highway Traffic Act offences such as stunt driving and careless driving. A criminal defence lawyer at Law Wise, based in Mississauga and serving the entire GTA and Ontario, can help you respond to a dangerous driving, flight from police or fail to remain charge.

Dangerous operation

Under section 320.13 of the Criminal Code, a person commits an offence by operating a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. The court looks at the manner of driving, not only its result. A collision does not prove dangerous driving, and dangerous driving can be proved without a collision.

The Crown must also prove a fault element. The Supreme Court of Canada has held that the driving must be a marked departure from the standard of care a reasonable person would have shown in the same circumstances (R v Roy, 2012 SCC 26). A brief lapse of attention or a simple error of judgment, of the kind careful drivers sometimes make, does not meet that standard, even where the result is tragic. This is the line between a criminal offence and a provincial careless driving charge.

Other criminal driving offences

• Failure to stop after an accident (s 320.16). Knowing, or being reckless as to whether, your vehicle was involved in an accident with a person or another vehicle, and failing without reasonable excuse to stop, give your name and address, and offer help to anyone injured.
• Flight from a peace officer (s 320.17). Failing, without reasonable excuse, to stop as soon as is reasonable while being pursued by the police.
• Operation while prohibited (s 320.18). Driving while prohibited by a Criminal Code order, or while suspended under provincial law because of a Criminal Code conviction or discharge. A driver who is registered in a provincial ignition interlock program and follows its conditions does not commit this offence.

For alcohol and drug charges, see impaired driving, over 80 and refusal.

Criminal charge or Highway Traffic Act charge?

The same driving can lead to a Criminal Code charge, an Ontario Highway Traffic Act charge, or both, and the difference matters. A Highway Traffic Act conviction is not a criminal record, although it can bring heavy fines, licence suspension, demerit points, higher insurance costs and, for some offences, jail. Ontario’s published penalties, as updated on 30 December 2025, describe stunt driving as including driving 40 km/h or more over a limit under 80 km/h, 50 km/h or more over any limit, or 150 km/h or more anywhere. The roadside penalty is a 30-day licence suspension and a 14-day vehicle impoundment. On conviction the fine is $2,000 to $10,000, with six demerit points, up to six months in jail and a licence suspension of one to three years for a first conviction. Careless driving carries a fine of up to $2,000, six demerit points, up to six months in jail and a suspension of up to two years, with higher penalties where bodily harm or death is caused. In some cases a criminal driving charge is resolved by a plea to a Highway Traffic Act offence. Whether that is possible depends on the evidence and on the Crown’s assessment of the case.

Issues a defence lawyer looks at

• The manner of driving. What the evidence actually shows about speed, road and weather conditions, traffic, visibility and how long the driving lasted.
• Marked departure. Whether the driving was a serious departure from the norm or a momentary error.
• Reconstruction and data. Collision reconstruction reports, vehicle event data recorders, dash camera and traffic camera video.
• Identity of the driver. In flight and fail-to-stop cases the Crown must prove who was driving, not only which vehicle was involved.
• Knowledge. In a fail-to-stop case, whether the driver knew or was reckless about a collision having happened. In a prohibited driving case, whether the driver knew of the order or suspension.
• Reasonable excuse and Charter rights. For example, a driver who looks for a safe, lit place to stop, or evidence obtained through an unlawful stop or search.

First steps after a criminal driving charge

1. Keep your documents togetherRelease papers, any suspension or impound notice, and the collision report number.
2. Be careful with insurersYou must report a collision to your insurer, but ask your lawyer first about the timing and content of any detailed statement, because it may be requested in the criminal case.
3. Preserve video and dataSave dash camera files at once, and note nearby businesses and intersections with cameras. Ask your lawyer about preserving the vehicle’s data recorder.
4. Do not discuss the drivingAvoid describing the event to the police, on social media or in messages before you have legal advice.
5. See a lawyer before the first court dateYour lawyer obtains disclosure and reviews the technical evidence with you.

How Law Wise helps

• Reviewing the disclosure, including reconstruction reports, video and vehicle data.
• Assessing whether the evidence meets the criminal standard of a marked departure.
• Discussing with the Crown whether the case can be resolved under the Highway Traffic Act, where the facts support that.
• Explaining the effect of each outcome on your licence, insurance, employment and immigration status.
• Defending the charge at trial where that is the right course.

Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.

Common questions about criminal driving charges

This page is general legal information for Ontario, current as of 11 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.