Driving Offences
S=Summary H=Hybrid I=Indictable
| Offence description | Criminal Code Section | S/H/I | Minimum penalty | Discharge available | Maximum Penalty (S) | Maximum Penalty (I) |
|---|---|---|---|---|---|---|
| Dangerous Driving (no injury) | 249(1) | H | yes | 6 mos./$5,000 fine | 5 yrs. | |
| Dangerous Driving (injury occurs) | 249(3) | I | yes | 10 yrs. | ||
| Flee Police | 249.1 | H | yes | 6 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 Accident | 252 | H | yes | 6 mos./$5,000 fine | 5 yrs. | |
| Fail to Stop at Scene of Accident (knowing person hurt in accident) | 252 | I | yes | 10 yrs. | ||
| Fail to Stop at Scene of Accident (knowing person killed in accident) | 252 | I | life imprisonment | |||
| Driving or Care or Control whileImpaired or Over 80 mgs. | 253 | H | $1,000 fine for first offence; 30 days for second; 120 days for third | Curative discharge available in some provinces (not Ont.) | 18 mos./$5,000 fine | 5 yrs. |
| Refuse or fail to provide a breathor 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 demandintended to determine whetherability 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 Harm | 255(2) | I | yes | 10 yrs. | ||
| Driving Over 80 mgs. Causing Bodily Harm | 255(2.1) | I | yes | 10 yrs. | ||
| Refuse or fail to provide breath sample knowingoperation of motor vehicle caused accident resulting in bodily harm | 255(2.2) | I | yes | 10 yrs. | ||
| Refuse or fail to comply with demand intended todetermine whether ability to operate motor vehicleimpaired by drug knowing operation of motor vehicle caused accident resultingin bodily harm |
255(2.2) | I | yes | 10 yrs. | ||
| Impaired Driving Causing Death | 255(3) | I | life imprisonment | |||
| Driving Over 80 mgs. Causing Death | 255(3.1) | I | life imprisonment | |||
| Refuse or fail to provide breath sample knowing operationof motor vehicle caused accident resulting in death | 255(3.2) | I | life imprisonment | |||
| Refuse or fail to comply with demand intended to determinewhether ability to operate motor vehicle impairedby drug knowing operation of motor vehicle caused accident resulting in death |
255(3.2) | I | life imprisonment | |||
| Drive Disqualified | 259(4) | H | yes | 6 mos./$5,000 fine | 2 yrs. |
