Dangerous Driving
What is Dangerous Driving
Definition: Section 320.13 of the Criminal Code of Canada defines dangerous driving as operating a motor vehicle (car, boat, ATV, etc.) in a manner that is dangerous to the public, having regard to all of the circumstances.
Important Points:
- Dangerous driving applies to situations where your driving behaviour puts others at risk, even if no accident results.
- The “dangerousness” is assessed based on all the circumstances, like speed, road conditions, the presence of pedestrians, and how much danger your actions created.
- This is a serious criminal offence, not to be confused with the lesser offence of “careless driving” which is a provincial matter.
Common Evidence:
- Witness statements describing your driving behaviour (e.g., speeding excessively, swerving in and out of traffic, etc.)
- Police officer’s observations and testimony.
- Dashcam or traffic camera footage (if available).
- Evidence of damage to property or injuries to people caused by your driving (though not required for the charge itself).
Penalties for Dangerous Driving
Dangerous driving is a “hybrid offence” meaning the Crown can proceed by summary conviction or indictment, depending on the severity:
Summary Conviction (less serious cases):
- Maximum Penalty: Up to 24 months in jail and/or a $5,000 fine.
- License suspension is also a common penalty.
Indictment (more serious cases, causing injury or death):
- Maximum Penalty: Up to 10 years in prison.
- License suspension is likely.
How We Can Help
Securing Your Release: An arrest for dangerous driving can sometimes mean immediate release, but a court date is set for later. Other times, a bail hearing is required. We’ll fight for your release on fair conditions.
Fighting the Charges: Every dangerous driving case rests on specific details. We’ll look closely to build a strong defence:
- Your driving wasn’t actually dangerous in the circumstances.
- There’s a reasonable explanation for your actions (e.g., avoiding an unexpected hazard).
- The police violated your rights during the traffic stop.
Frequently Asked Questions
What if I was speeding, but the roads were clear?
Speeding can be a factor in dangerous driving, but other circumstances matter too.
Is this the same as street racing?
Street racing is a specific type of dangerous driving, often resulting in harsher charges.
Can I lose my license even if I'm not criminally convicted?
Yes, provincial driving authorities can suspend your license for dangerous driving offences, independent of the criminal charges.
Let's Talk About Your Case
Dangerous driving charges are serious, with potential jail time, license suspension, and increased insurance costs. Don’t underestimate the consequences, seek legal advice as soon as possible. Contact us for a free case review to discuss your situation and potential defences.
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