Criminal driving, as outlined under Part VIII.1 of the Criminal Code, includes several offences. These are separate from, and more serious than, Ontario Highway Traffic Act offences.

When so much is at stake, you need an experienced defence lawyer who can handle criminal driving offences with the required legal skills and attention to detail. Dylan Finlay and his team have:

  • Over 120 five-star Google reviews.
  • Experience in handling more than 1,000 criminal cases.
  • 25 years of combined criminal defence experience.
  • 24/7 availability.

Speak to a lawyer before talking to the police or anyone else about your case.

What to do if you’ve just been accused of criminal driving

Three simple steps can help protect your rights and future:

  1. Agree to any lawful roadside or breath testing demand. Refusing is its own separate charge, and it may carry harsher penalties than the original offence.
  2. Ask to speak with a lawyer right away. Say nothing else beyond identifying yourself, as anything you say can be used against you.
  3. Write down what you remember about the stop as soon as you safely can. Include the time, location, and exactly what was said. These details often matter later.

Talk to a lawyer before your first court date, even if you were released without being held.

Contact us for a free, no-obligation consultation.

What is criminal driving in Canada?

Criminal driving covers the following offences:

OFFENCE WHAT IT MEANS MAXIMUM PENALTY MINIMUM PENALTY
Impaired operation (s.320.14) Operating a vehicle while impaired by alcohol or drugs, including having a blood alcohol level over the legal limit. 10 years by indictment, or 2 years less a day on summary conviction $1,000 fine (1st offence), 30 days (2nd), 120 days (3rd or later)
Failure or refusal to comply (s.320.15) Refusing a lawful breath, blood, or drug test demand. 10 years by indictment, or 2 years less a day on summary conviction $2,000 fine (1st offence), 30 days (2nd), 120 days (3rd or later)
Dangerous operation (s.320.13) Driving in a way that seriously departs from what a careful driver would do. 10 years by indictment, or 2 years less a day on summary conviction No mandatory minimum
Failure to stop after an accident (s.320.16) Leaving the scene of a collision without stopping and providing help or information. 10 years by indictment, or 2 years less a day on summary conviction No mandatory minimum
Flight from a peace officer (s.320.17) Failing to stop for police and fleeing in a vehicle. 10 years by indictment, or 2 years less a day on summary conviction No mandatory minimum
Operation while prohibited (s.320.18) Driving while your licence is suspended or you are prohibited from driving. 10 years by indictment, or 2 years less a day on summary conviction No mandatory minimum

Every offence in this table carries much higher maximum penalties, up to life imprisonment, if it causes bodily harm or death.

What happens during a criminal driving case in Toronto?

Most criminal driving cases start with a traffic stop or a collision. For a straightforward first-time charge, most people are released with a notice to appear. They are not held for a bail hearing.

In more serious cases:

  • Men are usually held at the Toronto South Detention Centre. 
  • Women are held at the Vanier Centre for Women in Milton. 
  • You’ll need to attend a bail hearing at the Toronto Regional Bail Centre on Finch Avenue West. 

We can represent you at this hearing and work to prevent harsh conditions of release.

Which court will hear your case?

Most criminal driving cases are heard at the Ontario Court of Justice on Armoury Street. The most serious cases, especially those involving death or serious injury, can go to trial by judge and jury. That trial would be at the Superior Court of Justice on University Avenue.

How can a Strategic Criminal Defence lawyer help you?

Once we’re involved, and preferably before your first court date, we can:

  • Review how the stop was conducted.
  • Check whether your Charter rights were respected.
  • Check whether the testing equipment was properly maintained and used (in impaired driving cases).

We help you understand how your criminal case and your provincial licence suspension interact, since they don’t always move on the same timeline.

Can your case be resolved without a trial?

Many criminal driving cases in Toronto are resolved before a trial. Your criminal defence lawyer can often negotiate with prosecutors to prevent the most serious consequences and a trial. Common paths include:

  • Withdrawal of charges. The Crown may drop a charge outright, due to weak evidence, a Charter problem, or issues with how the stop or testing was handled.
  • Reduced or included charge. For offences like dangerous driving, failure to stop, or flight from police, the Crown may agree to a lesser charge.
  • A provincial resolution instead. In some cases, the Crown may drop the criminal charge in exchange for a guilty plea.
  • A discharge. If you plead guilty, a judge may be able to grant you a conditional or absolute discharge (unavailable for impaired driving and refusal, because they carry mandatory minimum penalties).

These resolutions can all prevent a criminal record, which should be the focus as we work to protect your future. However, whether your case qualifies depends on the facts, the specific offence, and your history.

What might happen if you’re convicted?

A criminal driving conviction can mean:

  • A criminal record.
  • A driving prohibition.
  • Possible jail time. 

Your criminal case runs alongside a separate process under Ontario’s Highway Traffic Act. This can suspend your licence right away, even before your criminal case is resolved. The two systems have two different sets of consequences. Appealing a licence suspension has strict grounds and deadlines, so it’s worth asking your lawyer about this early.

Long-term, a conviction can also affect your job, insurance, immigration status, and your ability to travel, especially to the United States.

What defences can beat a criminal driving charge?

Criminal driving charges often turn on technical and procedural details. Common defences include:

  • A Charter breach. If police delayed your right to a lawyer, or didn’t have proper grounds for the stop, the evidence against you may be thrown out. 
  • Problems with the testing device. For impaired driving and refusal, breath and blood testing equipment must be properly maintained and used correctly. 
  • No marked departure from normal driving. For dangerous driving, the Crown must prove your driving was much worse than what a careful driver would do, not just a small mistake.
  • No knowledge or reasonable excuse. For failure to stop after an accident, or flight from police, the Crown must prove you knew what was happening and had no good reason for what you did. 
  • Mistaken identity. In some cases, who was actually driving is not as clear as it first appears.

 

Testimonials

While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:

“Precision, strength, and true professionalism”

“In the midst of uncertainty, there are those who stand firm with skill, confidence, and unwavering resolve. My case was handled with precision, strength, and true professionalism from beginning to end. The outcome speaks for itself. When you need someone who will stand strong and deliver results, remember the name… LORANT KISS.”

D.O.

“Professionalism, knowledge, and courtroom presence”

“Highly recommend! Dylan Finlay was exceptional in handling my case, providing expert guidance and unwavering support throughout the entire process. His professionalism, knowledge, and courtroom presence were impressive. Thanks to his dedication, I achieved a very favorable outcome. If you’re seeking top-notch legal representation, look no further than Dylan.”

I.A.

“He will give 100% and more to get you out of any situation”

“Was my first time with a serious charge, and deciding to go with Dylan Finlay was the best decision I made. From start to finish, he made what is normally a very stressful time super easy and stress-free. Any questions or concerns I had, he answered right away and was very patient and thorough with everything. Would 100% recommend him to anyone going through any situation, he will give 100% and more to get you out of any situation.”

D.G.

FAQs about criminal driving charges

It depends on the charge. For impaired driving or refusal, your licence can be suspended right away. This happens under Ontario’s Highway Traffic Act, separately from your criminal case. For other charges, like dangerous driving or flight from police, a judge may still order you not to drive as a bail condition. Either way, a conviction almost always brings its own driving ban too.

Getting into the United States may be hard or even impossible if you have a criminal driving charge. Even if you’re charged with a crime but not found guilty, it can be hard to cross the border. You may need a special waiver.

No. Dangerous driving doesn’t require an injury or a crash. The charge is about how you drove, not what happened as a result. Driving in a way that seriously endangers others can be enough on its own.

Contact us for a free, no-obligation consultation.