Dangerous Driving
Dangerous Driving - Criminal Code of Canada 249
The Criminal Code offence of Dangerous Driving is made out when;
- The accused drives a motor vehicle in a manner that is dangerous to the public,
- Having regard to all the circumstances,
- Including the nature, condition and,
- Use of the place where the driving occurs and the amount of traffic there at the time or that might reasonably be expected.
A Dangerous Driving conviction results in a criminal record and an automatic one-year licence suspension. Dangerous driving offences resulting bodily harm can result in the accused being sent to jail, and imprisonment for up to ten (10) years. An accused convicted of Dangerous Driving cause death is liable for imprisonment of up to fourteen (14) years.
Drivers with previous convictions for Dangerous Driving or impaired driving offences may face increased licence suspensions, which up include up to a life time drivers licence suspension.
For driving to be considered dangerous the crown and the police must prove that the accused drove in a manner departed from the standard of care of a reasonable person, thereby committing the offence of Dangerous Driving. They must take into consideration, the intentions or acts of the accused, and the threat or possible threats to the public or community.
By contrast, careless driving under the Highway Traffic Act is made out where the defendant's driving departs sufficiently from the standard of a prudent and reasonable driver to make the driving deserving of punishment. e.g. an act of carelessness.