Dangerous Driving Charge in Newfoundland and Labrador: What's Next

A dangerous driving charge can turn your life upside down quickly. You may have lost your car, your licence and a night's sleep, and you may be worried about your job and your family. This guide explains, step by step, what a charge of dangerous driving or flight from police means in Newfoundland and Labrador and what usually happens next. Remember that everyone charged with an offence is presumed innocent unless the Crown proves guilt beyond a reasonable doubt.

What a dangerous driving charge means

These charges come from Part VIII.1 of the Criminal Code, the federal law that has governed driving offences since the 2018 reforms. The same law applies everywhere in Canada, including Newfoundland and Labrador. For a national overview, see our Canada-wide guide to dangerous operation of a motor vehicle.

Dangerous operation of a conveyance (s. 320.13)

The Code calls dangerous driving "dangerous operation of a conveyance." A conveyance includes a car, truck or motorcycle, and also other motor vehicles such as snowmobiles and ATVs, as well as boats, aircraft and railway equipment. To convict, the Crown (the prosecutor who acts for the public) must prove beyond a reasonable doubt that:

• you were the person operating the conveyance;
• you operated it in a way that was dangerous to the public, having regard to all the circumstances (for example the road, weather, traffic and location); and
• your driving was a marked departure from the standard of care a reasonable person would have shown in the same situation.

The Supreme Court of Canada has made clear that ordinary carelessness or a brief, momentary lapse of attention is usually not enough. The question is whether the driving, viewed as a whole, fell well below what a reasonable driver would do.

Flight from police (s. 320.17)

Flight from police, often called evading police, applies when you are operating a motor vehicle that is being pursued by a police officer who is also operating a motor vehicle, and you fail, without reasonable excuse, to stop as soon as is reasonable in the circumstances. The Crown will generally need to show that you knew police were pursuing you.

Offence type

The basic offences and the versions causing bodily harm are hybrid offences: the Crown chooses whether to proceed by summary conviction (the less serious route) or by indictment (the more serious route). Dangerous operation causing death, and flight causing death, are indictable only.

What happens after a dangerous driving charge in Newfoundland and Labrador

Arrest and release

After an arrest, police may release you with an appearance notice or an undertaking, which is a written promise to attend court and follow certain conditions. If police keep you in custody, you will be brought before a justice for a bail hearing, where you may be released on a release order. Common conditions in driving cases include not driving at all, not possessing car keys, living at a set address and having no contact with any complainant or witnesses. Breaking a condition is a separate criminal offence, so follow them carefully until a court changes them.

Who decides on charges

In Newfoundland and Labrador, police usually lay the charge. Crown prosecutors with the Office of the Director of Public Prosecutions then review the file and decide whether to continue, change or withdraw the charge, and which route (summary or indictment) to take.

First appearance

Most cases start in the Provincial Court of Newfoundland and Labrador. Your first appearance is usually short: the charge is confirmed, you may receive disclosure, and the case is adjourned so you can get legal advice. You are not expected to plead or tell your side of the story at this stage.

Disclosure

Disclosure is the Crown's evidence against you, which you are entitled to see. In driving cases it may include officer notes, in-car or dash camera video, radio and dispatch recordings, witness statements, photographs, collision reconstruction reports and data from a vehicle's event data recorder.

The Crown's election and where the trial happens

If the Crown proceeds summarily, the case stays in Provincial Court. If it proceeds by indictment, you can usually choose (elect) a trial before a Provincial Court judge, a Supreme Court judge alone, or a Supreme Court judge and jury. A preliminary inquiry is only available for offences with a maximum of 14 years or more, so it may be possible in bodily harm or death cases, but not for the basic offences.

Resolution or trial

Many cases end without a trial. Charges can be withdrawn, stayed or resolved through discussions between your lawyer and the Crown, sometimes on a different or lesser charge. Others go to trial. Your lawyer can explain your options; the decision on how to plead is yours.

Typical timeline

A straightforward case may take several months; more serious cases often take longer. Under the Supreme Court of Canada's Jordan decision, delay is presumed unreasonable if a case takes more than 18 months in Provincial Court or 30 months in Supreme Court, not counting delay caused by the defence.

Possible penalties

There are no mandatory minimum penalties for dangerous driving or flight from police (minimums in Part VIII.1 apply to impaired driving and refusal offences). The maximums are:

On top of any sentence, the court can make a driving prohibition order. Its maximum length depends on the offence and is longer where someone was injured or killed.

What sentences can look like in practice

• Absolute or conditional discharge: you are found guilty but no conviction is entered. A conditional discharge comes with probation conditions. Discharges may be possible for the basic offences but are generally not available for the offences that carry 14 years or life.
• Fine: sometimes combined with a driving prohibition.
• Probation: community supervision with conditions, such as driver education or counselling.
• Conditional sentence: a jail sentence of less than two years served in the community, often with house arrest. Since Bill C-5 (2022), conditional sentences are available for more offences, including these driving offences, if the court finds it safe.
• Jail: more likely where there was serious harm, a long or high-speed pursuit, or a prior record.

Factors that matter

Judges look at how dangerous the driving was and for how long, speed, the setting (a school zone or busy street versus an empty road), whether anyone was hurt, whether impairment was involved, your driving and criminal record, and your personal circumstances, remorse and steps taken since the charge.

Other consequences in Newfoundland and Labrador

Criminal record and record suspension

A conviction creates a criminal record. You can apply to the Parole Board of Canada for a record suspension (formerly called a pardon) after completing your sentence and then waiting 5 years for a summary conviction or 10 years for an indictable conviction. A discharge does not result in a conviction, and the record is generally removed after one year (absolute) or three years (conditional).

Travel to the United States

US border officers have wide discretion. A charge or conviction, and even questions about one, can lead to delays or a refusal at the border. Get advice before travelling if your case is ongoing.

Immigration for non-citizens

Because these offences carry a maximum of 10 years or more, a conviction can make a permanent resident or foreign national inadmissible to Canada for serious criminality, even if the actual sentence is light. If you are not a Canadian citizen, speak with both a criminal lawyer and an immigration lawyer before resolving your case.

Employment

Jobs that involve driving, such as trucking, delivery, transit, offshore and resource work, or anything requiring a clean driver's abstract, may be affected by a charge or conviction. Background checks for other jobs may also show a record.

Your licence and insurance

A criminal driving prohibition applies across Canada, and driving while prohibited is itself a separate criminal offence. Separately from the criminal case, provincial driver licensing rules in Newfoundland and Labrador can lead to licence consequences, and insurers may raise premiums or refuse coverage. Ask your lawyer how the criminal case and any provincial licence measures interact in your situation.

Common defences and issues a lawyer will look at

Every case depends on its facts. A lawyer reviewing a dangerous driving or flight from police charge may look at:

• Marked departure: whether the driving truly fell well below the reasonable standard, or was a momentary error or ordinary carelessness that is not criminal.
• Identity: in flight cases, police sometimes identify the driver later. Was it really you behind the wheel?
• Knowledge of the pursuit: whether you knew police were following you and signalling you to stop.
• Reasonable excuse or necessity: for example, a genuine emergency or a real fear for your safety.
• Sudden medical event: such as a seizure or loss of consciousness you had no reason to expect.
• The evidence itself: the reliability of speed estimates, witness accounts, video and collision reconstruction.
• Charter rights: whether a search of your vehicle or phone was lawful (s. 8), whether you were arbitrarily detained (s. 9), and whether you were told of and allowed to use your right to a lawyer without delay (s. 10(b)). Evidence obtained in breach of the Charter may be excluded.
• Delay: whether the case has exceeded the Jordan limits under s. 11(b).

How common is this charge in Newfoundland and Labrador?

According to Statistics Canada police-reported data (table 35-10-0177), the most recent figures for 2025 were:

For dangerous driving, the provincial rate stayed between about 11 and 14 per 100,000 from 2016 to 2021, below the national rate. It then climbed to 17.13 in 2022 and about 22 to 23 from 2023 to 2025, slightly above the Canadian rate.

The rise in police-reported evading incidents has been much sharper. The rate was 11.9 in 2016, about 30 to 34 between 2020 and 2023, then jumped to 58.33 in 2024 and 94.38 in 2025, nearly three times the national rate. Persons charged rose from 45 in 2016 to 117 in 2025. Incidents far outnumber persons charged, which may reflect cases where no driver was identified or one person was linked to several incidents. More figures are on our Newfoundland and Labrador crime statistics page, and recent cases appear in our Newfoundland and Labrador crime news.

If you are the victim or complainant

If you were hurt, put at risk, or your property was damaged by dangerous driving or a police chase, you can report it to police. Note the time, place, vehicle description and plate if you can do so safely, and keep any dash camera footage.

Police investigate and may lay charges; Crown prosecutors with the Office of the Director of Public Prosecutions then decide how the case proceeds. The Crown represents the public, not you personally, but you have rights under the Canadian Victims Bill of Rights, including the right to information about the case and to have your safety considered.

• Victim services: ask police or the Crown to connect you with victim services in the province, which can provide information, court preparation and support.
• No-contact conditions: release orders often forbid the accused from contacting you. Report any breach to police.
• Victim impact statement: if there is a conviction, you can describe how the offence affected you before sentencing.
• Restitution: the court can order the offender to repay certain financial losses.
• Peace bond (s. 810): if you fear for your safety, you can ask a court for a peace bond, a court order requiring someone to keep the peace and follow conditions, even without a criminal conviction.

You may also wish to get your own legal advice, for example about a civil claim or insurance for injuries or damage.

When to speak with a dangerous driving lawyer

The best time to speak with a criminal defence lawyer is as early as possible: ideally before you give any statement to police and before your first court appearance. You have the right to stay silent, and anything you say can be used as evidence. A lawyer can review disclosure, challenge release conditions such as a no-driving term, spot defences and Charter issues, and explain how a result could affect your licence, job or immigration status.

If you cannot afford a lawyer, you may qualify for help from Legal Aid Newfoundland and Labrador, and duty counsel may be able to assist you at court on your first appearance.

If you have been charged, you can request a free, confidential first consultation through Crime Canada with an independent criminal defence lawyer here, and if you are a victim, you can request one here.

This guide is general information about the law in Newfoundland and Labrador and is not legal advice. Every case is different; speak with a lawyer about your own situation.

Frequently asked questions

Do I need a dangerous driving lawyer in Newfoundland and Labrador?

It is strongly recommended. Dangerous driving and flight from police are criminal offences that can lead to a record, a driving prohibition, and in serious cases jail. A lawyer can review the Crown's disclosure, assess defences and Charter issues, and explain consequences for your licence, job or immigration status. If cost is a concern, you may qualify for Legal Aid Newfoundland and Labrador, and duty counsel can often help at your first appearance.

Is dangerous driving a criminal offence or a traffic ticket?

Dangerous driving under s. 320.13 of the Criminal Code is a criminal offence, not a provincial ticket. It is different from careless driving, which is handled under provincial traffic law. A conviction for dangerous driving creates a criminal record, and the court can add a driving prohibition. The Crown must prove your driving was a marked departure from what a reasonable driver would do.

Will I go to jail for dangerous driving in Newfoundland and Labrador?

Not necessarily. There is no mandatory minimum sentence for dangerous driving or flight from police. Depending on the facts, outcomes can range from a discharge, fine or probation to a conditional sentence served in the community, or jail. Jail is more likely where someone was hurt, the pursuit was long or high-speed, or the person has a prior record. Every case depends on its own facts.

Will I lose my licence if I'm charged with dangerous driving?

You may. Release conditions often forbid driving while the case is ongoing. If you are convicted, the court can impose a driving prohibition that applies across Canada, and driving while prohibited is a separate criminal offence. Provincial licensing rules in Newfoundland and Labrador and your insurer may also impose their own consequences. A lawyer can explain how these may apply to you.

What is the penalty for flight from police in Canada?

Flight from police under s. 320.17 is a hybrid offence. The maximum is 2 years less a day on summary conviction and 10 years on indictment. If someone is injured, the maximum on indictment rises to 14 years, and if someone dies, the maximum is life imprisonment. There is no mandatory minimum, and the court can also impose a driving prohibition.

Can I get a dangerous driving charge removed from my record?

If the charge is withdrawn, stayed or you are acquitted, there is no conviction, though police records may still exist. If you receive a discharge, no conviction is entered. After a conviction, you can apply to the Parole Board of Canada for a record suspension once your sentence is finished and 5 years (summary) or 10 years (indictable) have passed.