Criminal Offence Penalty Chart

Driving Offences

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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 while Impaired 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 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 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 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 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 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 Disqualified 259(4) H   yes 6 mos./$5,000 fine 2 yrs.

Courtesy of www.defencelaw.com, website of Toronto criminal lawyer Ron Jourard. Telephone: (416) 398-6685; toll free (Canada and U.S.) 1-888-257-0002; email: jourard@defencelaw.com.

Return to Penalty Chart index or defencelaw.com home page.