Criminal driving is an ‘umbrella term’ that includes multiple offences under the Criminal Code, the most common of which are:
- Dangerous operation (Section 320.13).
- Failing to stop after accident (Section 320.16).
- Failing to stop for police/Flight from peace officer (Section 320.17)
- Operation while prohibited/disqualified (Section 320.18).
The main difference between criminal driving and traffic tickets in Alberta is the criminal record that accompanies a conviction. It’s essential to work to prevent this with a criminal driving defence lawyer from Strategic Criminal Defence.
Our track record in defending charges has earned us:
- Over 140 five-star Google reviews.
- The Consumer Choice Award (2025, 2026).
- BBB A+ rating.
Early legal advice from our team will focus on steps that can help protect your future.
What you should do next if accused of criminal driving
- Remain silent at the roadside: Do not attempt to explain what happened, apologize, or provide context to the police at the roadside or at the station.
- Preserve any evidence that may support your defence: If possible, note the time, location, road conditions, weather, and details of witnesses.
- Do not consent to any searches: You do not have to agree to a search of your vehicle, your phone, or any other personal property.
- Contact a criminal defence lawyer: invoke your right to speak to a lawyer without delay under s.10(b) of the Charter.
Contact us for a free, no-obligation consultation.
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What is criminal driving, and can you go to jail for it?
Criminal driving covers a broad range of offences that usually involve:
- Operating a vehicle in a dangerous manner or in circumstances that create risk to others.
- Failing to comply with lawful obligations to stop or with driving prohibition orders.
Jail sentences may apply, especially if someone was injured or killed as a result of the driving actions of the accused (some offences carry a maximum of life imprisonment).
Common examples of criminal driving in Edmonton include:
- Street racing on a public road at well above the speed limit (Dangerous operation).
- Running multiple red lights at high speed while weaving through traffic (Dangerous operation).
- Striking a pedestrian and driving away without stopping or calling for help (Failing to stop after accident).
- Accelerating away when police activate lights and sirens behind you (Failing to stop for police/Flight from peace officer).
- Driving to work after a court order prohibits you from operating any vehicle (Driving while disqualified).
If charges have already been laid, we will work to reduce the penalties and consequences for your future by reviewing the evidence and building a strong defence.
The criminal penalties and long-term consequences could include:
| OFFENCE | MAXIMUM PENALTY | LONG-TERM CONSEQUENCES |
|---|---|---|
| Dangerous Operation (s.320.13) | No harm: Indictable: 10 years. Summary: 2 years less a day. Causing bodily harm: 14 years. Causing death: Life imprisonment |
Mandatory driving prohibition. Criminal record. Employment impact (particularly transport, security, and professional licences). Travel to the USA. Immigration consequences for non-citizens. |
| Failing to Stop after Accident (s.320.16) | No harm: Indictable: 10 years. Summary: 2 years less a day. Causing bodily harm: 14 years. Causing death: Life imprisonment |
Mandatory driving prohibition. Criminal record. Civil liability exposure in parallel. Employment and licensing impact. USA travel and immigration consequences. |
| Failing to Stop for Police/Flight from Peace Officer (s.320.17) | Base offence: Indictable: 10 years. Summary: 2 years less a day. Causing bodily harm: 14 years. Causing death: Life imprisonment |
Mandatory driving prohibition. Criminal record. Considered an aggravating factor at sentencing for the underlying offence. Employment and licensing impact. USA travel and immigration consequences. |
| Operation While Prohibited/Driving While Disqualified (s.320.18) | Indictable: 10 years Summary: 2 years less a day |
Driving prohibition extended or reimposed on conviction. Criminal record (distinct from and more serious than a provincial licence suspension, which does not create a criminal record). Employment impact. USA travel and immigration consequences. |
(Note: Impaired driving, over 80, and failure to provide a sample are driving offences dealt with separately here.)
Most criminal driving offences are hybrid: the Crown can choose to proceed summarily or by indictment, based on the seriousness of the conduct.
Mandatory minimum fines apply on the first offence for the base versions of dangerous operation, failing to stop after accident, and flight from police:
- $1,000 on indictment.
- $500 on summary conviction.
Having worked with prosecutors in Edmonton for over a decade, our lawyers will seek to identify opportunities for non-criminal resolutions (see below).
Is your insurance affected by a criminal driving charge?
A Criminal Code driving conviction disqualifies you from Alberta’s Good Driver rate cap for four years, leaving insurers free to apply significant surcharges.
Criminal Code convictions remain on your insurance record for four full years. In serious cases, standard insurers may decline coverage altogether, forcing you onto the Grid, Alberta’s insurer of last resort.
(Last verified: June 2026. Alberta is transitioning to a no-fault insurance model on January 1, 2027. The Good Driver rate cap structure will change at that time.)
What happens after your arrest for criminal driving?
Unlike with traffic tickets issued under the Traffic Safety Act, the Edmonton Police Service will take your photograph and fingerprints, and you will have a police file after an arrest for criminal driving.
Depending on the seriousness of the criminal driving charge, you may be:
- Released on an Appearance Notice or Undertaking at the police station.
- Transferred to the Edmonton Police Service’s Downtown Division at 9620 103A Avenue NW, Edmonton, AB, T5H 0H7.
- Detained for a bail hearing (which must be conducted without unreasonable delay).
- Held at the Edmonton Remand Centre (18415 127 Street NW, Edmonton).
A lawyer from Strategic Criminal Defence will either visit you in person where you are held or obtain the details for your bail hearing via a video call. Your lawyer will then:
- Liaise with the prosecutor assigned to the bail hearing.
- Start negotiating your release.
- Obtain a copy of the police information package.
- Review the allegations and start preparing for your bail hearing.
Standard bail conditions typically include keeping the peace and being of good behaviour, attending court as required, and in many cases reporting to a bail supervisor or police officer. Additional conditions will depend on the seriousness of the charge, including:
- Driving prohibition or strict limitations on driving.
- Requirement to take a driving course.
- No-contact order with any victims or witnesses.
- Stay-away orders from certain locations (like the scene of the accident).
- A possible curfew.
- Enhanced surety requirement.
Could your criminal driving charge be resolved before a trial?
The vast majority of criminal charges in Edmonton, including criminal driving, are resolved without a full trial. In some cases, diversion programs or peace bonds can prevent a criminal record.
The first step is to attend the ‘first appearance’ hearing. Here, your lawyer will request the Crown’s disclosure package, which contains the evidence against you, including:
- Statements from witnesses, victims, etc.
- Dashcam/bodycam footage.
- Photographs.
- Technical driving records, etc.
After reviewing the evidence for weaknesses, procedural errors, or rights violations, we will:
- Start building your defence.
- Explore options with the Crown to prevent a criminal record (a non-criminal charge).
- Prepare for a criminal trial if necessary.
Every case depends on the specific circumstances. The following options may be available for less serious criminal driving charges involving first offenders:
- Withdrawal of charges in exchange for a plea on the original matter or a small fine.
- A peace bond, which prevents a criminal record.
- The Alternative Measures Program (AMP), for non-serious first-offence matters where the Crown agrees to participate (no criminal conviction).
If the case proceeds to trial, we will work to provide a strong defence to the charge in court or make submissions to reduce the severity of your sentence.
What defences do we use for criminal driving charges?
What we argue in court will be based on the precise circumstances of your case. The most common defences in criminal driving cases are:
| CHARGE | COMMON DEFENCES |
|---|---|
| Dangerous Operation | No Marked Departure: The driving fell short of the standard of care but was not a marked departure from what a reasonable person would do. Necessity: The dangerous driving was the only reasonable option to avoid an immediate and greater harm. Identity: The accused was not the driver of the vehicle at the time of the alleged offence. |
| Failing to Stop after Accident | No Knowledge of Accident: The driver genuinely did not know a collision had occurred, due to road noise, weather conditions, etc. Mistake of Fact: The driver believed they had struck an inanimate object, such as road debris, rather than a vehicle or person. Prompt Return: The driver left briefly but returned to the scene almost immediately upon realizing what had happened. Charter Breach: Evidence obtained through an unlawful stop or search may be excluded under s.24(2). |
| Flight from Peace Officer | No Knowledge of Signal: The driver genuinely did not see or recognize that the police were signalling them to stop. Seeking Safe Location: The driver did not stop immediately because they were actively looking for a safe, well-lit location to pull over. Identity: The accused was not the driver of the vehicle during the pursuit. Charter Breach: If the initial police stop was unlawful, evidence arising from the pursuit may be challengeable. |
| Operation While Prohibited | No Notice of Prohibition: The accused was never properly served with the prohibition order and had no knowledge that it was in effect. Necessity: A genuine life-or-death emergency left no reasonable alternative to driving. No Operation: The accused was not 'operating' the vehicle, e.g., they were seated in a stationary vehicle without intent to drive. Charter Breach: The prohibition order itself may be challengeable if it was imposed in violation of the accused's procedural rights. |
FAQs
Get help with a criminal driving charge in Edmonton
If you’ve been charged under s.320 of the Criminal Code, we will:
- Review the allegations against you.
- Seek to identify weaknesses in the Crown’s evidence.
- Build a defence strategy around the specific facts of your case.
- Pursue pre-trial resolutions where appropriate.
- Present you at trial if necessary.
Strategic Criminal Defence lawyers understand how Edmonton prosecutors and judges approach criminal driving cases after defending cases here for a decade. We will use our experience to help protect your future.
Contact us for a free, no-obligation consultation.
Verified By: Michael Oykhman, Senior Criminal Defence Lawyer
Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.
Experience
- Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
- Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
- Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.
Education & Academic Leadership
- Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
- Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
- Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.
Credentials & Recognition
- Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
- Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
- Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410
