Suspensions and Prohibitions for Driving Offences

The following Chart provides a list of Criminal Code driving offences along with their potential maximum sentences. In addition, you can review the potential driving prohibitions that can be imposed by the Courts and by the Government.  

Code Section

Offence

Election

Maximum Criminal Punishments
Potential Driving Prohibitions

Mandatory Traffic Safety Act
Suspensions and Disqualifications

249

Dangerous

Hybrid Offence

-Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail
Summary: 6 months jail/$5,000

Discretionary Driving Prohibition
0-3 Years

1 year disqualification

249(3)

Dangerous causing bodily harm

Indictable

10 years jail

Discretionary Driving Prohibition
0-3 Years

5 year disqualification

249(4)

Dangerous causing death

Indictable

14 years jail

Discretionary Driving Prohibition
0-3 Years

5 year disqualification

249.1

Flight

-fail to stop promptly when being pursued by a peace officer

Hybrid Offence

-Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail
Summary: 6 months jail/$5000

Discretionary Driving Prohibition
0-3 years

1 year disqualification

249.1(3)

Flight causing bodily harm

Indictable

14 years jail

Discretionary Driving Prohibition
0-3 years

5 year disqualification

249.1(3)

Flight causing death

Indictable

Life imprisonment

Discretionary Driving Prohibition
0-3 years

5 year disqualification

249.2

Criminal Negligence while Street Racing causing death

Indictable

Life Imprisonment

Mandatory Driving Prohibition
1 year minimum

1 year disqualification

249.3

Criminal Negligence while Street Racing causing bodily harm

Indictable

14 years jail

Mandatory Driving Prohibition
1st Offence: 1-10 years
2nd Offence: 2-10 years
3rd or More Offence: 3+ years

1 year disqualification

249.4

Dangerous Driving while Street Racing

Hybrid Offence

-Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail
Summary: 6 months jail/$5,000

Mandatory Driving Prohibition
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: 3 years minimum

1 year disqualification

249.4(3)

Dangerous Driving while Street Racing causing bodily harm

Indictable

14 years jail

Mandatory Driving Prohibition
1st Offence: 1-10 years
2nd Offence: 2-10 years
3rd or More Offence: 3+ years

1 year disqualification

249.4(4)

Dangerous Driving while Street Racing causing death

Indictable

Life imprisonment

Mandatory Driving Prohibition
1-10 years

1 year disqualification

252

Fail to Stop at the Scene of an Accident

Hybrid Offence

-Crown can elect to proceed summarily or by indictment.

Indictable:5 years jail
Summary: 6 months jail/$5,000

Discretionary Driving Prohibition
0-3 years

1 year disqualification

252(1.2)

Fail to Stop at the Scene of an Accident causing bodily harm

Indictable

Indictable:10 years jail
Summary: 6months jail/$5,000

Discretionary Driving Prohibition
0-3 years

5 year disqualification

252(1.3)

Fail to Stop at the Scene of an Accident causing death

Indictable

Life Imprisonment

Discretionary Driving Prohibition
0-3 years

5 year disqualification

253(1)(a)

 

253(1)(b)

Impaired Operation

 

Driving “Over 80”

Hybrid Offence

-Crown can elect to proceed summarily or by indictment.

Summary: 18 months jail/$5,000
Indictable: 5 years jail

Minimum Sentencing
1st Offence: $1,000 fine
2nd Offence: 30 days jail
3rd  or More Offence: 120 days jail

Mandatory Driving Prohibitions
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: Minimum 3 years

1st Offence:1 year disqualification

2nd Offence: 3 year disqualification*

3rd Offence: 5 year disqualification*



*2nd or 3rd offence in 10 years 

254(5)

Refusal/Failure

 

-Blood Samples
-Breath Samples
-Screening Procedures

 

Hybrid Offence

-Crown can elect to proceed summarily or by indictment.

Summary: 18 months jail/$5,000
Indictable: 5 years jail

Minimum Sentencing
1st Offence: $1,000
2nd Offence: 30 days jail
3rd or More Offence: 120 days jail

Mandatory Driving Prohibitions
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: Minimum 3 years

1st Offence: 1 year disqualification

2nd Offence:3 year disqualification*

3rd Offence:5 year disqualification*

 

*2nd or 3rd offence in 10 years 

255(2)

 
255(2.1)

 
255(2.2)

Impaired  causing bodily harm

 
“Over 80” causing bodily harm

 
Refusal/Failure  causing bodily harm

Indictable

10 years jail

Discretionary Driving Prohibitions
0-10 years

5 year disqualification

255(3)

 
255(3.1)

 
255(3.2)

Impaired causing death

 
“Over 80” causing death

 
Refusal/Failure causing death

Indictable

Life imprisonment

Discretionary Driving Prohibition
“any period that the Court considers proper”

5 year disqualification

259(4)

Drive While Disqualified

Hybrid Offence

-Crown can elect to proceed summarily or by indictment.

Indictable: 5 years jail
Summary: 6 months jail/$5000
 
Mandatory Driving Prohibitions
1st Offence: 1-3 years
2nd Offence: 2-5 years
3rd or More Offence: Minimum 3 years

6 month disqualification

 

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