The crucial issue in sentencing for dangerous operation of a motor vehicle is the level of seriousness of the actual driving, not whether the conduct fits the label of 'momentary inattention'. A failure to keep a proper lookout when executing a right turn across a highway in a heavy vehicle, where the driver had sufficient time to observe oncoming traffic and multiple factors dictated greater caution, may constitute a sufficiently serious fault to warrant a period of actual custody even where the inattention occurred over a brief period. Pre-2007 sentencing decisions for dangerous driving should be treated with caution given the increase in maximum penalties.
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