If you are facing dangerous driving charges, you need a criminal defence lawyer in Toronto 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.
Dangerous driving is different from charges under the Highway Traffic Act of Ontario (e.g. careless driving) because with a criminal driving charge, the Toronto Police Service will take your photograph and fingerprints and you will have a police file. A conviction for dangerous driving may result in a criminal record, whereas convictions under the Highway Traffic Act will only appear on your Driver’s Abstract. For provincial offences like careless driving, you can learn more about our Toronto traffic offence defence here.
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 summary conviction, the penalties include a maximum of two years in jail and/or a fine of up to $5,000; if you’ve been issued a fine, see how our Toronto fine lawyers can help. To understand how sentencing decisions are made, see our overview of Criminal Sentencing in Toronto.
If prosecuted by summary conviction, the penalties include a maximum of two years in jail and/or a fine of up to $5,000. To understand how sentencing decisions are made, see our overview of Criminal Sentencing in Toronto.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, 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 Toronto dangerous driving lawyer today by calling (647) 986-8077.
Key Takeaways
- Section 320.13 of the Criminal Code says that driving dangerously is a crime.
- The Crown has to prove that you drove in a way that was dangerous to the public in order to convict you.
- It is a hybrid offence with serious penalties:
- Basic dangerous driving: up to 10 years in prison (indictable) or 2 years (summary)
- If causing bodily harm: up to 14 years in prison
- If causing death: up to life imprisonment
- Here are some common conditions for bail
- Restrictions on driving or a complete ban
- Giving up your licence to drive
- Checking in with the police on a regular basis
- Restrictions on drinking alcohol
- Dangerous driving charges can absolutely be beaten with proper legal defence
- Even when conviction seems likely, penalties can often be reduced through effective legal representation.
How can a dangerous driving lawyer in Toronto help?
A lawyer on our team can give you advice that could have a significant 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 can make sure you don’t say anything to the police that could hurt your case or be used against you.
In order to convict you of dangerous driving, the Crown must prove the following elements of the offence beyond a reasonable doubt:
- You were operating a motor vehicle, seagoing vessel, aircraft or railway equipment;
- The manner in which you operated the vehicle was dangerous to the public, considering the condition, nature or use of the place in question; and
- The conduct was a marked departure from the standard of care exercised by a reasonably prudent driver. The Crown does not need to prove that you intended to drive dangerously, meaning that the threshold of proof is lower, making it easier to convict.
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.
Dangerous Driving Charges in the Criminal Code of Canada
According to section 320.13 of the Criminal Code:
Dangerous Operation
(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
Here are some real-world examples of what can lead to dangerous driving charges in Toronto:
- A woman was rushing home and drove 140 km/h in a 60 km/h construction zone. A police officer pulled her over.
- A man deliberately tailgated another driver at high speed on the highway, repeatedly flashing his lights and swerving to try and intimidate them.
- A student drove too fast in a residential neighbourhood, lost control, jumped the curb and crashed into a convenience store, though fortunately no one was inside.
Consequences of a Dangerous Driving Charge
Dangerous driving is a serious criminal offence in Canada that carries significant penalties.
Punishments for a conviction for dangerous driving depend on a range of factors, and can include both criminal penalties imposed by the Toronto court system as well as a driving suspension.
Dangerous driving is treated as a hybrid offence in Canada. This means that the Crown can choose to prosecute you summarily or by way of indictment. Your punishment will vary depending on how the Crown chooses to proceed.
For a dangerous driving charge, either alone or accompanied by other offences:
- Summary offence: Maximum of two years less a day imprisonment;
- Indictment: Maximum of 10 years imprisonment.
Where dangerous driving causes bodily harm the penalties increase:
- Summary offence: Maximum of two years less a day imprisonment;
- Indictment: Maximum of 14 years imprisonment.
- First offence: Minimum penalty of $1,000 fine;
- Second offence: Minimum penalty of 30-day imprisonment; and
- Each subsequent offence: Minimum penalty of 120-day imprisonment.
Dangerous driving causing death is a strictly indictable offence, with a maximum punishment of life imprisonment, and:
- First offence: Minimum penalty of $1,000 fine;
- Second offence: Minimum penalty of 30-day imprisonment; and
- Each subsequent offence: Minimum penalty of 120-day imprisonment.
Some aggravating factors that will increase the likelihood of a harsher punishment are:
- Bodily harm or death to more than one person;
- Racing at least one other person;
- A passenger under the age of 16 in the vehicle;
- Being paid for operating the vehicle;
- Being impaired while operating the vehicle;
- Operating a large vehicle; and
- If they were not permitted to be operating the vehicle.
In addition to the immediate penalties resulting from a conviction for dangerous driving, it can have wide-ranging negative consequences on your future. You may have difficulties securing employment, especially in roles that require driving.
Your insurance rates will almost certainly increase (contact your insurance agency for specifics). One of the most serious long-term consequences is the lifelong criminal record that results from a conviction, which can hinder immigration and travel.
Dangerous Driving Charge Defences
Here are some possible defences to dangerous driving charges:
- Violation of constitutional rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it can aid your defence.
- Momentary negligence: Holding a person criminally liable for dangerous driving is a very serious matter. For this reason, the Supreme Court of Canada has determined that a few seconds of negligent, accidental or unintentional driving is not sufficient to convict a person of this offence. If we can demonstrate momentary negligence, it may help you avoid a criminal conviction.
- Medical impairment: Unexpected medical impairments, such as seizures, hallucinations, or blackouts, may provide a defence to a dangerous driving charge. Proving the onset of a sudden impairment will show that you had no control over your physical state or your actions. Note that this defence may not be available if you chose not to take prescribed medications for an existing condition.
We will carefully review the entire police file, which may include expert reports from a traffic reconstructionist, witness statements, collision reports, photographs, and other documents pertaining to your case.
There are other successful defence strategies that our experienced defence lawyers can take against dangerous driving charges. Our team of lawyers will conduct a thorough review of the circumstances of your case, in order to decide what defences are available to you.
Dangerous Driving Charge Investigation
- A dangerous driving investigation is usually initiated at a police stop, the scene of an accident, after a driver is pulled over or pursued, or following a report or complaint from an alleged witness or victim.
- In their investigation, the police will likely consult surveillance camera footage as well as written statements from the alleged complainant and witnesses. If they believe you are the perpetrator, they will arrest you, whether at the scene of an accident or later.
- 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 may 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.
- 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.
- 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.
