Dangerous Driving
A split second decision to drive dangerously can change your life. Contacting a dangerous driving lawyer can make sure your case is handled the right way.
What is dangerous driving?
Dangerous driving, known as “dangerous operation” under section 320.13 of the Criminal Code of Canada, is a criminal offence. There are three dangerous driving offences:
- Dangerous operation of a conveyance (such as a motor vehicle) without regard for the other drivers on the road;
- Dangerous operation of a conveyance (such as a motor vehicle) that causes bodily harm to another person; and
- Dangerous operation of a conveyance (such as a motor vehicle) that causes the death of another person.
It is important to note that the Crown does not need to prove that any person was actually put at risk by your driving. It is enough to show that your driving was dangerous to the public in the circumstances.
Examples of dangerous driving:
- Driving at excessively fast speeds especially under poor visibility conditions that can endanger the lives of the public;
- Aggressive driving, which includes tailgating vehicles;
- Driving where you should not be driving (such as on sidewalks or on the wrong side of the road); and
- Driving in a way that causes bodily harm or the death of another person.
What is a conveyance?
Under section 320.11 of the Criminal Code, a conveyance refers to:
- A motor vehicle;
- A vessel;
- An aircraft; and
- Railway Equipment.
Dangerous driving versus careless driving:
Dangerous driving is different from careless driving. The former is a criminal offence under the Criminal Code of Canada, and the latter is a Highway Traffic Act offence. You will not be criminally charged for a careless driving ticket, nor will you get a criminal record for it.
To make out the elements for careless driving, it does not need to be proven that your driving was dangerous, just that you were driving carelessly without care or attention for others on the road. This can include things such as failing to stop at a red light or failing to check your side mirrors when appropriate.
On the other hand, dangerous driving, being a criminal charge, can result in a criminal record and a lengthy jail sentence.
What does the Crown need to prove?
- That you were driving in a manner that was dangerous to the public in the circumstances;
- Your driving must have been a marked departure from the standard that is expected from the reasonably prudent driver; and
- That you had the intent to drive dangerously or were negligent.
It is important to note that the focus is on the risks your driving created as opposed to the actual consequences.
Consequences if found guilty:
Like any Criminal Code offence, dangerous driving too carries with it very severe penalties if you are convicted. It can affect your daily life and livelihood. For a standard dangerous driving charge, you could face a maximum sentence of two years less a day and/or a fine of up to $5,000 if the Crown proceeds by summary conviction. If they proceed by indictment, then you could face a sentence of up to 10 years. If you cause bodily harm, the Crown also has the ability to elect, but the maximum sentence by indictment is 14 years, with a minimum fine of $1,000 for a first offence. If you cause death, you could face a sentence of life in prison, with a minimum fine of $1,000 for a first offence. You can also face a driving prohibition.
A lawyer can evaluate your case and obtain the best possible outcome in the circumstances.
It’s vital to hire a lawyer
Being charged with a criminal offence, such dangerous driving, is a stressful and tolling experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how dangerous driving cases are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.