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.
Where the police have charged a driver with dangerous operation of a motor vehicle, the prosecution and police must show intent. In legal terms this is called “Mens Rea” having a guilty mind. The driver must of “intented to commit the offence”, meaning the driver must have;
- planned to drive in dangerous manner,
- that the driver intended to do the act, and
- the driving wasn’t just an accident.
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.
My dangerous driving charge was dropped to a traffic ticket.
I did not think there was any way to get around this as there was an accident involved in my case which complicated things. Five (5) other lawyers all told me that my chances were only 50/50.
When I met with Nick, he spoke with confidence, knowledge and laid out the possibilities from the start for me. He is well-known and respected by his peers. He was honest, his fees were extremely reasonable and his office was an absolute pleasure to work with. More importantly he won my case!
David R. Toronto
You may feel that if the police have arrested you that you’re guilty, which is wrong. It is your right under Canadian law to have a Judge hear what happened and for the judge to make a decision, not the police. Only a judge can decide your guilt or innocence and there are defences to dangerous driving.
Just because the police charged you, doesn’t mean your guilty. When we discuss your charge we’ll explain how we can help you. With charges like dangerous driving there are numerous legal defences to the charge and we have always been able to help our clients.
Call to discuss your case today >
