Driving Offences Most motor vehicle offences, such as speeding or failing to stop at a red light, are under provincial jurisdiction. Therefore, they are not addressed in the Criminal Code. However, the following offences are contained in the Code: 1) Dangerous Operation of a Motor Vehicle 2) Failure to stop at the Scene of an Accident 3) Impaired Driving.

What is a Motor Vehicle? The Criminal Code defines a motor vehicle as any vehicle that is moved “by any means other than by muscular power." This includes automobiles, trucks, motorcycles and scooters. It also includes boats, aircraft, snowmobiles, and ATV’s.

1. Dangerous Operation of a Motor Vehicle It is an offence to operate a motor vehicle in a way that is dangerous to the public in any public place. A public place includes parking lots at malls and schools. It also includes private roads regularly used by the public (for example, a private road in a townhouse complex). However, most private property is exempt.

To convict someone of dangerous operation of a motor vehicle, the Crown must establish fault. The standard used is the care that a responsible driver would have exercised. All factors are considered. These include the nature, condition, and use of the public place where the offence is occurred. Also, the amount of traffic at the time and place is important. There does not have to be any “public” present at the time of the offence-only the possibility that someone could have been present

E xample: Driving at excessive speeds on a road in the middle of the night when there are no other vehicles out can still be considered dangerous operation of a motor vehicle.

Dangerous operation of a motor vehicle is a hybrid offence punishable for a term of up to 5 years. Dangerous operation causing bodily harm is an indictable offence with a maximum punishment of 10 years. If someone driving dangerous causes a death, the maximum penalty is 14 years.

Case Study: You Be the Judge R.v. MacGillivary (1995) On a warm, clear sunny day, the beach at Cribbons Point in Nova Scotia was crowded with swimmers and boaters. One of the boaters was Daniel MacGillivray. His boat sped across the water toward a group of boys, who waved their arms and shouted to alert MacGillivray to the dangerous situation. The boat was up at such an angle that MacGillivray did not see the boys. The boat’s propeller struck and killed one of them. MacGillivary was charged under section 249(4) of the Criminal Code with operating a vessel in a manner that was dangerous to the public and causing the death of the victim. Some witnesses’ testified that the boat was speeding, and the trial judge found that no one was leaning over the die to look out for danger.

Questions to Consider: If you were the judge in this case, what would you have decided? Was MacGillivrary using the proper standard of care in this case? Should be criminally responsible for the boy’s death?

2) Failure to Stop at the Scene of an Accident According to s. 252 of the Criminal Code anyone who is involved in a motor vehicle accident and does not stop, offer assistance, and give his or her name and address is presumed to show intent to escape civil or criminal liability. This person may be charged with failure to stop at the scene of an accident. It is commonly known as “hit and run,” and it is a hybrid offence punishable by a term of up to 5 years. The maximum punishment for a hit-and-run accident causing bodily injury is 10 years. If the accident causes a death, the offender can be sentenced to a maximum of life in prison.

3) Impaired Driving Impaired driving has become the main criminal cause of death in Canada. The proof that a driver is impaired, either by drugs or alcohol, can come from a number of sources. A person’s erratic driving, slurred speech, or inability to walk a straight line, or the smell of alcohol on his or her break can serve as proof of the driver’s impairment. Another source is a breath or blood test, both of which measure the amount of alcohol in the person’s blood stream.

Section 253(b) of the Criminal Code makes it an offence to drive or have “care of control” of a motor vehicle while the amount of alcohol in the bloodstream exceeds 80 milligrams in 100 milligrams of blood. Also known as “blowing 0.08”, or “over 80.”

Changes have also been made to the laws dealing with impaired driving. New provisions that came into effect in July of 2008, under the provisions of the Tackling Violent Crime Act now include provisions for dealing with drivers who many be under the influence of drugs.

First time offence$600$1,000 Minimum imprisonment term for a second offence 14 days30 days Minimum imprisonment tern for a third of more offence 90 days120 days Maximum imprisonment term if tried as a summary conviction offence 6 months18 months Increase to Impaired Driving Penalties since Feb Prior to Feb. 2008Since Feb. 2008

First ConvictionOne-year suspension of drivers licence Second ConvictionThree-year suspension Third OffenceLifetime suspension Impaired Driving Licence Suspensions, Ontario: Offence Penalty In Ontario, a driver’s license can be taken away for 12 hours if an approved screening device shows a blood- alcohol level over.50.

Spot Checks To be searched by police, there must be reasonable grounds to suspect that an offence has been committed. However, the courts have recognized that the government wants to reduce the problem of drinking and driving. Therefore, the courts have ruled that spot checks are a reasonable limit prescribed by the law.

Therefore, programs such as RIDE may occur, and people may be asked to undergo a roadside screening test. This is a test given by police to check for impaired driving. Failing the screening test does no mean that one is automatically charged with an offence. The result can be used only to show that the officer had grounds to demand a break sample. This test gives police reasonable grounds to take someone to the police station for a former Breathalyzer test.

Fast Facts: Ye ar# of Charges Rate per people Impaired driving rates have been dropping since Can you think of reasons why this might be the case?

Most people charged with impaired driving are between the ages 19-24; next are those between the ages of Young drivers are considered high risk by car insurance companies because of their age and the fact that they are new and inexperienced drivers. Therefore, they pay higher insurance rates. Do you feel that this is fair?