Dangerous Driving
Dangerous Driving: Penalties, Definitions, Defense
What is Dangerous Driving
According to the Criminal Code of Canada, Driving while intoxicated is a criminal offence in Canada. Individuals convicted of this crime typically face a mandatory minimum suspension of their driving privileges for one year, in addition to acquiring a criminal record.
If a police officer suspects that a person is driving in a manner that poses a risk to public safety, they may report the driver for dangerous driving. Dangerous driving is commonly defined as "operating a motor vehicle with willful and reckless disregard for public safety."
Penalties for Dangerous Driving
If found guilty, the judge will decide the following possible punishments for reckless driving:
The penalties may include
Jail time,
monetary fines,
probation,
a permanent criminal record,
and licence suspensions.
A criminal record for reckless driving is created upon conviction and is kept on the driver's record or abstract for ten (10) years.
Definition of Dangerous Driving
Driving a motor vehicle with a blatant and reckless disregard for the safety and lives of others is commonly known as dangerous driving. According to the Criminal Code, there are three different circumstances under which someone could face charges:
Dangerous Operation (Section 320.13(1)): This occurs when a driver operates a vehicle in a manner that, considering the overall circumstances, poses a risk to others' safety.
Operation Causing Bodily Harm (Section 320.13(2)): This charge applies when a driver operates a vehicle in a way that endangers public safety or inflicts physical injury on another person.
Operation Causing Death (Section 320.13(3)): This is defined as operating a vehicle in a manner that endangers the public and leads to the death of another individual.
Proving Dangerous Driving
When a motorist is charged with dangerous operation of a vehicle, the prosecution must establish four key elements:
Intent: The accused must have had the intention to commit the offence, showing a deliberate choice to drive recklessly.
Location: The incident must have occurred in a public area or on a route accessible to the public.
Involvement of a Motor Vehicle: As per the Criminal Code of Canada, the offence must have involved the operation of a motor vehicle.
Dangerous Driving: The driving behaviour must have been clearly hazardous and posed a risk to public safety.
What is Intent
The legal phrase for intent is "Mens Rea," which denotes a guilty mental state. It must be demonstrated that the driver intended to commit the exact acts that resulted in the charge or that they planned to drive in a dangerous manner in order to establish purpose.
It is important to note that not every accident qualifies as dangerous driving under the law, even though law enforcement may charge the driver with the most severe offence to impose the harshest penalties. Often, accidents result from driver error rather than intentional or reckless behaviour.
In cases of serious accidents where the driver did not exhibit appropriate care and attention, the charge of dangerous driving must be dismissed if there is no proof of intent. A conviction for dangerous driving requires evidence of deliberate or reckless behaviour.
If you or a loved one are facing a dangerous driving charge following an accident, contact us to discuss your defense options and explore possibilities for reducing the charges.
You are not guilty
Although feeling guilty during an arrest is common, you have the legal right to have your case reviewed by a judge in Canada. Law enforcement officers cannot determine your guilt or innocence; that authority rests solely with the judge.
An accusation does not equate to guilt. We will discuss your case and explore all possible legal defenses. For offences such as reckless driving, there are often several defense strategies available, and we have a strong track record of successfully assisting clients in these matters.
Let’s discuss how we can assist you. Contact us today to talk about your case