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Dangerous Driving

Dangerous Driving Charges

Dangerous driving is a criminal charge with licence suspensions, fines, and possible jail. The prosecution must prove intent to drive dangerously.

Dangerous Driving

In dangerous driving cases the prosecution must prove the driving was dangerous and not just an accident.

Dangerous Driving Penalty

The penalties for dangerous driving are imposed by the judge once the accused has been found guilty.  The judge has mandatory and discretionary penalties:

Mandatory Penalties:

Discretionary Penalties:

  • fines
  • probation
  • jail

As well where a driver is convicted of dangerous driving the insurance will either:

  • impose high rates
  • cancel insurance coverage
  • put the driver in facility insurance

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.

Fighting 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.

What They Have to Prove

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/or
  • that the driver intended to do the act.

What They Have to Prove

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

  • happened in a public place
  • there must have been intent
  • the action involved a motor vehicle
  • 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 dangerously
  • the driver intended to do the act

Accidents

Dangerous Driving Lawyer | AccidentsAccidents are not Dangerous Driving.

Many times in a bad accident the police feel the situation warrants more than a traffic ticket.

The police believe 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.

★★★★★  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. David Wallace (GoogleReviews)

What is Intent?

Dangerous driving charges require intent.

In considering whether the driver is guilty of dangerous driving, the court must consider did the driver intend to drive dangerously?

In legal terms this is called “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! (GoogleReviews)

David R. Toronto

You’re Not Guilty of Dangerous Driving

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 >

Experienced Legal Defence

Toronto Criminal Lawyer | NCharitsisYou’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 416-771-7113 to discuss your DUI defence today.

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