1:39 PM PT -- Linda's lawyer, Brian Greenspan, tells TMZ, Canadian authorities have got it all wrong. Greenspan says the penalty they're citing -- 18 months maximum in jail or a $1 million fine -- is for ocean-going vessels. The maximum penalty for pleasure craft, he says, is a $10,000 fine with NO jail time. Greenspan also says it's ridiculous to charge Linda when the cause of the crash was the other boat not having navigation lights on in the middle of a dark lake.
The wife of "Shark Tank" star Kevin O'Leary has been charged with driving their boat carelessly in the fatal boating accident last month, but the other driver was also charged with a crime.
TMZ has learned the Ontario Provincial Police (OPP) charged Linda O'Leary with "careless operation of a vessel." TMZ broke the story ... O'Leary's boat was on Lake Joseph August 24 when it slammed into another boat, killing 2 passengers.
Our sources say the OPP obtained 5 videos from cameras trained on the lake and they concluded she was driving 17 MPH at around 11:30 PM ... which police say was not a safe speed.
But, the OPP also charged the driver of the other boat, Richard Ruh. The OPP says he was driving without navigation lights. As we reported, this seemed to be the core of the case -- and our sources say the driver had insisted the lights were on, but police say the video shows otherwise.
We're told Linda is going to "vigorously fight the charge." OPP spokeswoman Carolle Dionne tells us Linda's alleged crime carries a maximum sentence of 18 months in jail or a $1 million fine.
Kevin was not charged with any offense, but he told us through his agent, UTA honcho Jay Sures, "Now that the authorities have concluded their thorough investigation, I have no further comment other than to say that our thoughts and prayers are with the friends and families of those who lost loved ones in this awful tragedy. Our hearts go out to them."