Dangerous Driving
"Dangerous Driving: Penalties, Definitions, Defense"
Driving while intoxicated is illegal and carries a potential jail sentence, fines, and license suspension.
What is Dangerous Driving?
According to the Criminal Code of Canada, driving while intoxicated is illegal. Anyone found guilty of this crime usually faces a minimum one-year suspension of their driving privileges in Canada as well as a criminal record.
A police officer may report someone for risky driving if they think someone has been operating a vehicle in a way that endangers the public's safety.
One common definition of dangerous driving is "operating a motor vehicle with willful and reckless disregard for public safety."
Dangerous Driving Penalty?
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 license 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
Operating a motor vehicle with wanton and reckless disregard for other people's lives and safety is generally referred to as dangerous driving. According to the Criminal Code, there are three different circumstances under which someone could face charges:
1. Dangerous operation (Section 320.13(1)): This is when a driver drives a vehicle in a way that, in the totality of the situation, endangers other people.
2. Operating a vehicle in a way that endangers the public or causes physical harm to another person is charged with operation causing bodily harm (Section 320.13(2)).
Section 320.13(3) defines operation causing death as the operation of a vehicle in a way that endangers the public and results in the death of another person.
Proving Dangerous Driving
When a motorist is accused of operating a motor vehicle dangerously, the prosecution needs to prove four things:
1. Intent: The accused must have intended to commit the offense, demonstrating that they made a deliberate choice to drive recklessly.
2. Location: The incident had to have happened in a public space or on a route that is open to the public.
3. Involvement of a Motor Vehicle: According to the Criminal Code of Canada, the activities in question had to have involved a motor vehicle.
4. Dangerous Driving: The accused's driving style had to have been demonstrably risky and endangering the public's safety.
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's crucial to remember that not all accidents fall under the legal definition of risky driving, even though the police may decide to charge the driver with the most serious infraction in order to impose the harshest sanctions. Instead of intentional or careless activity, driver mistake is often the cause of accidents.
If an accident has resulted in a hazardous driving charge for you or a loved one, get in touch with us to talk about your options for defending yourself and maybe getting the case reduced.
What is Intent?
Charges of reckless driving depend on whether or not there is purpose.
The court considers whether a driver intended to drive recklessly when determining whether the driver is guilty of driving dangerously.
"Mens Rea" is the legal phrase for this idea (derived from the Latin for "to possess a guilty mind, implying intent to commit the act").
Was the goal to:
? Take a careless drive?
The accusation of dangerous driving must be dropped in cases of serious accidents where the driver was not driving with appropriate care and attention since a conviction requires proof of purpose.
You are not guilty
While it's normal to feel guilty while you're being arrested, you have the legal right to have a judge consider your case in Canada. The cops cannot decide if you are guilty or innocent; only a judge can.
Being accused does not mean that one is guilty. We'll talk about your case and look into any potential legal defenses. There are frequently multiple defense options available for offenses like reckless driving, and we have a proven track record of supporting our clients in these situations. Let's talk about how we can support you.
Call Us today to Discuss your case!