Dangerous Driving Lawyers Calgary

If you are facing dangerous driving charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.

Dangerous driving is when someone operates a motor vehicle in a manner that is dangerous to the public.

Unlike regular traffic violations, dangerous driving is a criminal offence that brings much more severe consequences. It is classified as a hybrid offence, which means the Crown prosecutor can choose to proceed either by indictment for more serious cases or by summary conviction for less severe situations.

If prosecuted by indictment, dangerous driving carries a maximum penalty of 10 years in prison. If the dangerous driving caused bodily harm to another person, the maximum penalty increases to 14 years imprisonment. In the most serious cases where dangerous driving causes death, the maximum sentence is life imprisonment.

If prosecuted by summary conviction, the penalties include a maximum of two years in jail and/or a fine of up to $5,000.

In addition to jail time and fines, a conviction for dangerous driving results in a mandatory driving prohibition for at least one year, automatic demerit points, dramatic increases in insurance rates, and a permanent criminal record that can affect employment opportunities and travel to other countries.

Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of dangerous driving beat the charge.

The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.

How Our Lawyers Help With a Dangerous Driving Charge

A lawyer on our team can give you advice that could have a big effect on how your case turns out.

•  Before charges are filed, we can give you legal advice on what to expect and how to talk to the police.
• Our team will make sure you don’t say anything to the police that could hurt your case or be used against you.
• When someone drives dangerously, our lawyers may gather proof such as witness statements, reports on how the accident happened, weather conditions, problems with the road design, and mechanical issues that may have led to the accident. We might hire experts, like engineers, accident reconstruction experts, or mechanics, to talk about the technical parts of your driving that can help your case.
• Your Strategic Criminal Defence lawyer will explain how Alberta’s court system works to you. We might even be able to get your charges dropped to something like careless driving instead of criminal charges, according to provincial law.
• During a trial, we will question the Crown’s proof that your driving was really “dangerous” given all the facts.

Examples of Dangerous Driving Charges

Here are some real-world examples of what can lead to dangerous driving charges in Calgary: 

• A woman was rushing to an important job interview and drove 140 km/h in a 60 km/h school zone while weaving between cars. A police officer saw her running through a red light before pulling her over.
• A man became angry during a road rage incident and deliberately tailgated another driver at high speed on the highway, repeatedly flashing his lights and swerving toward the other vehicle to intimidate them, causing them to swerve off the road.
• A young man decided to “drift” his car around corners in a residential neighbourhood to impress his friends. He lost control, jumped the curb and crashed into a bus shelter, though fortunately no one was waiting there at the time.

Consequences of a Dangerous Driving Charge

Dangerous driving is a serious criminal offence in Canada that carries significant penalties.

• The consequences depend on whether anyone was injured or killed as a result of the dangerous driving.
• Dangerous driving is classified as a hybrid offence under the Criminal Code. This means the Crown prosecutor can choose to proceed either by indictment (for more serious cases) or by summary conviction (for less severe cases).
• For basic dangerous driving without injuries, there is no mandatory minimum jail sentence. However, if convicted of an indictable offence, you could face up to 10 years in prison. If prosecuted by summary conviction, the maximum is two years in jail.
• If your dangerous driving caused bodily harm to another person, the maximum penalties increase. As an indictable offence, you could face up to 14 years imprisonment. Even as a summary conviction offence, you still face up to two years.
• In the most serious cases where dangerous driving causes death, the offence can only be prosecuted by indictment, and the maximum penalty is life imprisonment.
• If convicted by summary conviction, you could face a fine of up to $5,000 in addition to or instead of jail time.

A conviction also results in a mandatory driving prohibition for at least one year and up to a lifetime for repeat offenders.

You’ll receive a permanent criminal record that can affect employment opportunities, especially those involving driving or transportation.

Your car insurance rates will increase, and you may find it difficult to get insurance at all.

If you wish to travel to other countries, particularly the United States, you may be denied entry due to your criminal record.

Dangerous Driving Charge Defences

Here are some possible defences to dangerous driving charges:

• It Wasn’t Dangerous: The Criminal Code says that driving must be a marked departure from what a reasonable person would do in the same situation. This means that driving has to be a lot worse than just being careless or not paying attention for a short time. If that is not true, you could have a defence.
• Necessity: In an emergency or out of necessity, drivers may have to do things that seem dangerous but are the right thing to do. This defence says that you drove in a way that would normally be dangerous because you were in a real emergency.
• Charter Violations in the Investigation: This defence focuses on if your rights under the Canadian Charter of Rights and Freedoms were violated during the arrest or investigation. If the police violated your constitutional rights, the evidence they collected might not be able to be used in court.

Dangerous Driving Charge Investigation

• Officers will record all the details surrounding the dangerous driving, such as, how the roads are, how the weather is, how well they can see, and how fast traffic is moving at the scene.
• The officers will take pictures of the scene that show the damage to the property, the skid marks, and where the cars that were involved ended up.
• People who saw the dangerous driving, like passengers, other drivers, and people who were just standing by, will make statements for the police. The police will ask information like how fast the car was going, how it moved in strange ways, and if the driver was impaired or not paying attention.
• Police will be looking for video from traffic cameras, dashcams, business security systems, and cell phones of people who were close by and may have seen the driving.
• The police also check the driver’s history, including any traffic violations they may have committed. Whether or not they have a valid licence and any health problems that may have made it hard for them to drive will also be relevant.

Bail Conditions for Dangerous Driving Charges

If you are charged with dangerous driving, you might be able to get out on bail while you wait for your trial or sentencing. During this time, you must follow some rules set by the court. 

• People who are charged with dangerous driving often have to promise not to drive.
• The court will probably ask you to check in with a police station or bail supervisor on a regular basis. This could happen once a week or less, depending on how serious the charge is and your own situation.
• If the charges of dangerous driving show that you were impaired, you may have a condition not to consume alcohol or drugs.
• You will always have to go to all of your court dates and stay in the province or territory unless you get special permission to leave.
• You also need to let the police or the court know if you change your phone number or move.
• If you hurt or killed someone when driving dangerously, you might be told not to talk to the victims or their families.
• You will be charged with a new crime and your release will be cancelled if you break any of these bail conditions.

For more information, visit our page on The Bail Hearing Process in Calgary.

Frequently Asked Questions