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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.