Dangerous Driving Lawyers in Calgary
Dangerous Driving is defined under Section 320.13(1) of the Canadian Criminal Code.
Dangerous Driving is an offence when the accused operates a conveyance (motor vehicle, a vessel, an aircraft or railway equipment) in a manner that, having regard to all of the circumstances, is dangerous to the public.
While dangerous driving and dangerous driving causing bodily harm can be are hybrid offences, dangerous driving causing death is an indictable offence.
As an indictable offence, dangerous driving attracts a punishment of imprisonment for a term of not more than 10 years. If bodily harm is caused, it attracts a maximum punishment of 14 years and in the minimum, a fine of $1,000, for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
Where the Crown proceeds under summary conviction for the offence of dangerous driving causing bodily harm, the accused upon conviction will be liable to a maximum punishment of a fine not more than $5,000 or imprisonment for a term of not more than two years less a day, or to both. The minimum is a fine of $1,000, for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
But where death is caused, the punishment is imprisonment for life and to a minimum punishment of a fine of $1,000, for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
Key Takeaways
- The punishment for dangerous driving is an indicator that the charge could be severe one, especially where bodily harm or death is cause. In addition to the punishment, the sentencing Judge may under section 320.24(4) of the Criminal Code, order a temporary suspension of the licence of the accused to operate the conveyance.
- Dangerous driving as an indictable offence attracts a punishment of imprisonment for a term not exceeding 10 years. This is aggravated if bodily harm is caused, in which case it attracts a maximum punishment of 14 years and in the minimum, a fine of $1,000 for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
- Where the Crown proceeds under summary conviction for a charge of dangerous driving causing bodily harm, the accused upon conviction will be liable to a maximum punishment of a fine not more than $5,000 or imprisonment for a term of not more than two years less a day, or to both. The minimum is a fine of $1,000, for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
- Where death is caused, the charge attracts an even more severe punishment of imprisonment for life or at the minimum, a fine of $1,000 for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
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- Fundamentally, the Canadian Charter of Rights and Freedom ensures that an accused person has the right not to be denied reasonable bail without just cause. However, there are bail conditions which may be imposed. Examples include that accused –
- provide a surety;
- attend court as directed;
- remain within a particular territorial jurisdiction
- deposit a passport/travel document
- notify any change of address and employment
- be under house arrest and/or keep a curfew
- wear electronic monitoring equipment, such as an ankle bracelet
- An accused may beat a charge of dangerous driving depending on the circumstance of the case and with the assistance of a good criminal defence lawyer. Also given that dangerous driving is a hybrid offence, an accused may, depending on the circumstance of each case and with the legal assistance beat the maximum punishment and attract a lesser sentencing.
How can a dangerous driving lawyer in Calgary help?
The pre-charge legal advice of a criminal defence attorney can be helpful to a person who is to be charge with dangerous driving. At this time, the criminal defence lawyer provides vital legal guidance even before charges are formally filed. They often advise the accused on their rights, potential legal consequences, and the best course of action to mitigate risks. This can influence the direction of the case and help clients make informed decisions.
Further, a defence attorney can help navigate interactions with law enforcement to avoid unintentional self-incrimination, safeguarding the accused’s legal standing for a good legal course. Traversing conversations with law enforcement can be intimidating and perplexing, especially for individuals unfamiliar with legal proceedings. This underscores the necessity of a defence attorney.
Evidence is often a core determinant in a criminal proceeding. Defence lawyers often help in his regard. They help interview witnesses to uncover important information, and identify inconsistencies. Lawyers are able to assist in figuring out which expert witness can provide specialized knowledge to support the accused’s defence.
The criminal justice system and the court process can be very complex, with complicated procedures and legal nuances. Criminal defence lawyers possess comprehensive knowledge of the legal system, court rules, and precedents. They guide their clients through every stage of the legal process, from arraignment to trial, ensuring that their rights are protected and advocating for the most favorable outcome possible.
Dangerous Driving Charge in the Criminal Code of Canada
Section 320.13 of the Criminal Code provides as follows:
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
Examples of Dangerous Driving Charges
Different types of careless/reckless driving may be the basis for a charge of dangerous driving. Some examples are as follows:
- A is driving above the maximum allowed speed limit (over speeding);
- A is driving on a busy road and pulling some driving stunts;
- A is driving under the influence of alcohol or drugs.
Consequences of a Dangerous Driving Charge
The potential penalties for a dangerous driving charge depend on whether the Crown decides to prosecute the offence summarily or by way of indictment. Dangerous driving as an indictable offence attracts a punishment of imprisonment for a term not exceeding 10 years. If bodily harm is caused, it attracts a maximum punishment of 14 years and a minimum of a fine of $1,000 for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
Under the summary conviction procedure, dangerous driving causing bodily harm attracts a maximum punishment of a fine not more than $5,000 or imprisonment for a term of not more than two years less a day, or to both. The minimum is a fine of $1,000, for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
But where death is caused, the charge attracts a punishment of imprisonment for life or at the minimum, a fine of $1,000 for a first offence; imprisonment for a term of 30 days, for a second offence, and; imprisonment for a term of 120 days for each subsequent offence.
Dangerous Driving Charge Defences
Being convicted for any criminal offense may cost the accused his/her liberty and possibly jobs, or even reputation. However, some defences may avail the accused depending on the circumstances of the case.
- Medical condition: Unpredictable medical impairments, including but not limited to blackouts, hallucinations, and seizures, may be a defence in a charge of dangerous driving charge. In these cases, the accused has no control over his/her physical condition and actions.
- Involuntary intoxication: When one unknowingly consumes drugs or alcohol, then a defence may be available. For example, if A drives home after unknowingly being drugged.
- Mistake of fact: An accused may rely on the defence that he/she was not aware of the circumstances that rendered the driving dangerous, such as a mechanical failure in the vehicle.
- Necessity: Demonstrating that the accused was compelled to drive in a certain manner due to an emergency or to avoid greater harm may aid the accused’s defence.
Dangerous Driving Charge Investigation
In the course of investigation, in order to determine whether someone should be charged, the police will consider all the circumstances of the situation, such as: the way the driver drove, speed, and condition of the place where the offence took place, and the traffic in the area.
When the police is alerted, they commence the collection and gathering of evidence to establish a case. This may involve collection of physical evidence, interview of eyewitnesses, and examination of CCTV cameras and other recording devices, etc. The investigation may extend to interviewing and recording the statements of the victim, witnesses (especially in a case of dangerous driving causing bodily harm or death). Legal proceeding may thereafter be commenced against the accused when a case is made out.
Bail Conditions for Dangerous Driving Charges
Legally, every accused persons have the right to liberty and are presumed innocent until they are proven guilty. This is guaranteed under the Canadian Charter of Rights and Freedom. The purpose of imposing bail conditions is to address risks posed by the accused and ensure they do not commit new criminal offences while awaiting trial or interfere with the administration of justice, and are available for their trial. Some bail conditions include:
- The accused’s promise to pay a specified amount if they fail to comply with a condition of the release order;
- The obligation to have one or more sureties, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order;
- The obligation to deposit money or other valuable security in a specified amount or value, with or without the accused’s promise to pay a specified amount if they fail to comply with a condition of the order; etc
Frequently Asked Questions Dangerous Driving
Will a dangerous driving charge show on my criminal record while the case is ongoing?
There is not likely to be a criminal records of the charge until an accused has been convicted.
Will a dangerous driving charge show on my criminal record after the case is done?
Yes. An accused will have a criminal record if he has been convicted of the charge.
Can I go to jail for dangerous driving charges?
Yes, especially where no fine is imposed. This is clearly provided in Crinimal Code of Canada.
Do I have to tell my employer about dangerous driving charges?
Yes. Some jobs require an employee to undergo a criminal background check in which case, this information about the employee’s dangerous driving charge may be available to the employer. This is also important where the accused is employed as a driver.
Will I lose my licence from dangerous driving charges?
Yes. The Court may order a suspension of the licence of an offender if found guilty.
Related Offences
- Criminal Driving: This generally encompasses all prohibited driving operations provided under the Canadian criminal code, such as driving while license suspended, dangerous driving, criminal negligence, and failure to stop after an accident.
- Driving While Prohibited: This occurs where the accused is found driving a vehicle while serving a disqualification – for example, a court order prohibiting the accused from driving, thereby violating the court’s orders.
- Failing to Stop for Police: Failure to stop for the police without reasonable excuse and in order to evade the peace is an offence proscribed under the Criminal Code.
- Failing to Stop at Scene of an Accident: Section 320.16 of the Criminal Code makes it an offence for the person operating a conveyance to fail to stop the conveyance at the scene of the accident to provide necessary personal information and render assistance to a victim where assistance is required.
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If you have been charged with a criminal offence, you need legal advice. Contact our Calgary criminal lawyers today for a free consultation.
