Driving Offences

S=Summary H=Hybrid I=Indictable

Offence descriptionCriminal Code SectionS/H/IMinimum penaltyDischarge availableMaximum Penalty (S)Maximum Penalty (I)
Dangerous Driving (no injury)249(1)H yes6 mos./
$5,000 fine
5 yrs.
Dangerous Driving (injury occurs)249(3)I yes 10 yrs.
Flee Police249.1H yes6 mos./
$5,000 fine
5 yrs.
Flee Police (injury caused
by dangerous driving)
249.1(4)(a)I   14 yrs.
Flee Police
(death caused
by dangerous driving)
249.1(4)(b)I   life imprisonment
Fail to Stop at Scene of Accident252H yes6 mos./
$5,000 fine
5 yrs.
Fail to Stop at Scene of Accident
(knowing person hurt in accident)
252I yes 10 yrs.
Fail to Stop at Scene of Accident
(knowing person killed in accident)
252I   life imprisonment
Driving or Care or Control while
Impaired or Over 80 mgs.
253H$1,000 fine for first offence; 30 days for second; 120 days for thirdCurative discharge available in some provinces (not Ont.)18 mos./
$5,000 fine
5 yrs.
Refuse or fail to provide a breath
or blood sample
254(5)H$1,000 fine for first offence; 30 days for second; 120 days for third 18 mos./
$5,000 fine
5 yrs.
Refuse or fail to comply with demand
intended to determine whether
ability to operate motor vehicle impaired by drug
254(5)H$1,000 fine for first offence; 30 days for second; 120 days for third 18 mos./
$5,000 fine
5 yrs.
Impaired Driving Causing Bodily Harm255(2)I yes 10 yrs.
Driving Over 80 mgs. Causing Bodily Harm255(2.1)I yes 10 yrs.
Refuse or fail to provide breath sample knowing
operation of motor vehicle caused accident resulting in bodily harm
255(2.2)I yes 10 yrs.
Refuse or fail to comply with demand intended to
determine whether ability to operate motor vehicle
impaired by drug knowing
operation of motor vehicle caused accident resulting
in bodily harm
255(2.2)I yes 10 yrs.
Impaired Driving Causing Death255(3)I   life imprisonment
Driving Over 80 mgs. Causing Death255(3.1)I   life imprisonment
Refuse or fail to provide breath sample knowing operation
of motor vehicle caused accident resulting in death
255(3.2)I   life imprisonment
Refuse or fail to comply with demand intended to determine
whether ability to operate motor vehicle impaired
by drug knowing
operation of motor vehicle caused accident resulting in death
255(3.2)I   life imprisonment
Drive Disqualified259(4)H yes6 mos./
$5,000 fine
2 yrs.

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