Dangerous Driving

Our office has years of experience and has helped thousands of drivers with motor vehicle charges.

Learn more about dangerous driving and then give us a call to find out how we can get this charge dropped for you to avoid a criminal record and licence suspension.

We can help you, call us today at 647-689-6014.

Where the police charge a driver with dangerous operation of a motor vehicle, the prosecution and police must prove four (4) things;

• there must have been intent to commit the act,
• the incident happened in a place where the public had access to,
• the action involved a motor vehicle as defined by the Criminal Code of Canada,
• the driving action was dangerous.

Intent in legal terms is called “Mens Rea“, having a guilty mind. The driver must of “intended to commit the offence”, meaning the driver must have;

• planned to drive in dangerous manner, and
• that the driver intended to do the act.

Many times a serious accident or situation happens where the police believe that they must charge the driver with the most serious charge possible, so that the driver receives the maximum penalty.

The police may charge the driver with dangerous driving, not fully appreciating that although what happened may have been a horrible situation, the actions of the accused do not fall into the legal definition of dangerous driving.

In considering whether the driver is guilty of dangerous driving, the court must consider did the driver have an intent or “Mens Rea” (Latin, to have a guilty mind, you intended to commit the act) to commit the act, or was the driver just driving carelessly?

Was there intent to drive dangerously or was the incident an unplanned accident?

There is a difference between driving dangerously and an accident. In bad accidents where the driver was driving without due care and attention, the dangerous driving charge must be dismissed, because a conviction for dangerous driving requires intent.

★★★★★  Nick did a fantastic job! Took a very complex case and ensured speedy resolution, walked me through the entire process and navigated his way past several legal hurdles.i cannot recommend his services enough. David Wallace (GoogleReviews)

The Criminal Code of Canada makes it a criminal offence to drive or operate a motor vehicle in a manner that is dangerous to the public.  A conviction for dangerous driving affects your ability to drive any type of vehicle with an engine anywhere in Canada, including machinery on private property.

To determine if the driving is dangerous, the Criminal Code states that the court must consider all of the circumstances of the actions of the accused, such as;

• the nature, conditions and the use of the place
• the amount of traffic that is or might be expected to be present
• was there a danger to the public,
• who either were present or, who might have been present, including for example a passenger in the car.
• the court also has to consider the mental element of the charge, did the driver plan on doing the act.
• that there be some proof of an intention to operate a motor vehicle in away which would be a departure from the standard care that a normal driver would be expected to act.

The offence of must be committed involving a motor vehicle as described in the Criminal Code of Canada, which is any vehicle that is pushed, pulled or driven by an engine of any sort anywhere, including private property.

The penalties for dangerous driving are imposed by the judge upon enter a conviction to the charge including;

• a criminal record for life,
• an automatic one-year drivers licence suspension, and
• the possibility of jail
• fines
• probation
• increased insurance rates for five (5) years or more

The Ontario Ministry of Transportation will impose a mandatory one (1) year licence suspension upon the conviction of a dangerous driving charge. Criminal driving convictions are kept on drivers records/abstracts for ten (10) years.

You’re not guilty unless a judge says you are, not the police or the crown attorney.

It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal lawyer.

As a criminal defence lawyer I have years of experience with dangerous driving and motor vehicle law. Together with my network of legal professionals I provide experienced legal representation for those looking to do everything possible to win and be properly represented in criminal court.

Knowing the court system, the crown attorney’s, police and judges and having them know you can have dramatic implications. Experience does count in criminal defence.

Your lawyer’s reputation can have a bearing as to how your case proceeds and I stake mine on doing everything possible to win your case, ensuring the best possible defence, with the reviews and winnings to prove it.  The court knows the lawyers who fight for their clients and present compelling and aggressive defence arguments.

Call today at 647-689-6014 to discuss your DUI defence today.