A charge of dangerous driving in Canada means that the person accused is alleged to have operated a motor vehicle in a way that is dangerous to the public with considerations given to other factors such as the traffic at the time and the condition of the vehicle used. As such, dangerous driving is a criminal offence in Canada.
Determination of Dangerous Driving
Given the definition of dangerous driving above, determining whether a person committed dangerous driving means that the manner by which the vehicle was operated will be of bigger consideration as compared to the consequence of the act. Even if a death or an accident occurred, one cannot be guilty of dangerous driving if it cannot be proven that the vehicle was driven in a dangerous manner. It is important that the nature by which the vehicle was driven is established.
Assessing Dangerous Driving
The following information will be considered in the determination of dangerous driving:
- The accused person’s conduct, whether it showed a marked departure from the standard of care that a typical person would use in the same circumstance or not.
- The court do not have to prove if there was an intent to hurt or drive recklessly, it just has to be proven that the accused drove in a way that is not reasonably careful or prudent.
The above information is used to determine ‘fault’ to establish if there is a reason for the accused can be held accountable or not for dangerous driving. The lack of care should be severe enough to merit a charge and possible punishment.
Punishment for Dangerous Driving
Someone who is found guilty of dangerous driving faces 5 years in jail or up to 14 years if the driving caused bodily harm to an individual. A conviction will also mean a permanent criminal record.
Defence for Dangerous Driving
If you are facing criminal charges, obtaining experienced legal representation as early as possible can make a significant difference in the outcome of your case. Ahmad Karzai of Karzai Law Professional Corporation, a criminal lawyer serving Toronto, provides dedicated and strategic defence for individuals accused of a wide range of criminal offences. With a strong understanding of Canadian criminal law and courtroom advocacy, Ahmad Karzai works closely with clients to protect their rights, carefully review the evidence, and build a strong defence. Contact Karzai Law Professional Corporation today to discuss your case and receive the guidance you need during this critical time.