Dangerous Driving: What Are the Charges and Penalties?

 For minor traffic rule violations, drivers usually get a traffic ticket. However, there are incidents where the situation requires more than a traffic ticket or an impaired driving charge.

 

This is where police believe they must charge a driver with dangerous driving. This situation occurs when the operation of a motor vehicle is viewed as a danger to the public or property.

 

Are you facing a dangerous driving charge? What are its probable consequences? Many people are unaware of the law surrounding these charges and the consequences that come with dangerous driving. Find out what they are and how a driving offence lawyer in Toronto can help you in this situation.

 

What Is the Definition of Dangerous Driving? 

Under the Criminal Code of Canada, dangerous driving is considered a criminal offence. When someone drives below the minimum standard expected from a responsible driver with reckless disregard for the lives and safety of others, it is considered dangerous driving.

Many people confuse dangerous driving with an accident. But there is a difference, and that is intent. To consider whether the driver was guilty of dangerous driving, the court must consider whether the driver actually intended to drive recklessly or dangerously. In legal terms, this is called mens rea, meaning did they have a guilty mind and intend to commit the crime. This includes whether they intended to drive dangerously or carelessly and was the accident unplanned.

 

What Are the Charges for Dangerous Driving? 

Compared to a typical traffic violation, this charge is significantly more serious. Therefore, several variables, including the location, hour of day, volume of nearby traffic, and nature of the incident, need to be considered.

 

Section 320.13 (1) of the Criminal Code of Canada mentions three situations when an accused can be charged with dangerous driving:

· Dangerous Operation

Under Section 320.13(1), anyone who operates a conveyance in a way that, in regard to all the circumstances, endangers the public is guilty of an offence.

· Operation Causing Bodily Harm

Anyone who operates a conveyance in a way that, in the context of the circumstances, endangers the public and results in bodily harm to another person commits an offence.

· Operation Resulting in Death

Anyone who operates a conveyance in a way that, given all the facts, endangers the public and results in the death of another person commits an offence.

 

What Are the Probable Consequences?

Canadian law takes dangerous driving very seriously, and it becomes even more severe if someone is injured during the incident. It will result in:

· A criminal record

· One-year licence suspension (for a first-time offender)

· A maximum penalty of five years imprisonment

· 10 years imprisonment (if the incident caused someone to suffer bodily harm)

· 14 years imprisonment (if the incident results in someone’s death)

 

If the accused has been previously charged with having a dangerous or impaired driving record, a longer licence suspension will result.

 

If you or someone you know is charged with dangerous driving, that does not mean you are guilty or will be found guilty. Canadian law provides you with the right to defend yourself. Consult with a competent and experienced driving offence lawyer in Toronto to represent your case for the best legal defence.