Nicholas Charitsis is a criminal defense lawyer specializing in motor vehicle law in Ontario including Dangerous Driving charges.
Consultations are conducted free of charge by calling 416-878-2275 or contacting our office.
Dangerous Driving Lawyer
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.
As a Toronto lawyer I’m am expert in legal defense and I can properly present you and your defence to the court.
What is Dangerous Driving
Dangerous driving under the Criminal Code of Canada makes it an offence to drive or operate a motor vehicle in a manner that is dangerous to the public.
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.
Penalty for Dangerous Driving
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
- at least a 100% jump in your insurance rates for at least five (5) years
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 Charges
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 had “intent to commit the offence”, meaning the driver must have planned to drive in dangerous manner, that the driver intended to do the act and it 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 a 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 committed the offence the court must consider did the driver have any intent or Mens Rea (to have a guilty mind) to commit the act, or was the driver just driving carelessly, and was the incident an accident and was there intent upon the driver.
There is a difference between driving dangerously and careless driving. In bad accidents where the driver was driving without due care and attention to their driving then the dangerous driving charge must be dismissed, because a conviction for dangerous driving requires intent.
When considering the intent of the accused the court therefore will consider did the driver plan on driving dangerously e.g. racing, or was the incident an accident where the driver had no intent to commit the act.
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!
Legal Defenses for Dangerous Driving Charges
Just because the police charged you, doesn’t mean your guilty.
When you discuss your charge with me, a lawyer with years of trial experience with criminal charges involving dangerous driving, you’ll learn that I can help you.
In defending a charge like dangerous driving there are numerous legal defences to the charge, and I have always been able to help my clients in their defense.
When it comes to fees, I am one of the most affordable lawyers in Toronto. You don’t have to pay the whole fee up front and I offer payment plans to fit your situation. A reasonable deposit gets me working to fight your case.
I offer a free initial consultation to discuss your case in detail, either at my office or a place convenient to you.
Contact me to discuss your case with a dangerous driving lawyer.
Dangerous Driving Links
Criminal Law Practice
Reviews of Nicholas Charitsis
My experience with Nicholas Charitsis has been beyond excellent. Right from the beginning after I was involved in a major collision for which I was charged for Dangerous Driving, Nicholas was able to provide me with a sense of confidence and security.
He explained everything I needed to know in great detail and his confidence is what gave me confidence as well, any questions that I had asked were always answered in a pleasant yet understandable manner. I could also see that he had legitimately cared for my case and that he takes great pride in his work and puts in 120%.
After what seemed like what was going to be a tough case, he was able to get me off with no charges, no convictions and no records.
I will remember this for the years to come and will definitely be referring him to friends and family or to anyone reading this with the utmost confidence should they get into any legal or need a dangerous driving lawyer. Thank you Nicholas for your hard work!
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