Formal Definition of Dangerous Driving

Dangerous driving is a criminal offence. The Criminal Code of Canada describes it as operating “a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place.”

What the Offence of Dangerous Driving Means in Practice

As with every criminal offence, the Crown (the prosecutor) must prove each element of the offence beyond a reasonable doubt to get a conviction. In the case of dangerous driving, the Crown has to prove the following:

Dangerous driving

Your driving was actually dangerous,, given the circumstances. An important consideration concerning this part is that because the offence says “having regard to all the circumstances,” context is essential. For example, if a driver is going 150 km/hr on a crowded residential street, it is more likely the “dangerous driving” than if she is driving at the same speed on a deserted highway. This means that in preparing your criminal defence, an experienced paralegal would look to explain that the driving was not dangerous “having regard to all the circumstances.”

Marked Departure form the Standard

The driving was a significant or marked departure from the standard of a reasonable and prudent person. In essence, the driver’s behaviour must be fairly egregious to amount to dangerous driving. For example, momentary inattention or a brief moment of negligence while driving does not amount to dangerous driving. An experienced paralegal would explain that your behaviour was not far from normal under the circumstances.

Intention

That any reasonable person in your particular place would have been aware that he or she was driving dangerously. A paralegal would look for circumstances that would indicate that a person in your circumstances wouldn’t be aware that their driving is dangerous.

Accident is not the element of dangerous driving

Finally, it is important to note that even if a serious accident happened, it doesn’t automatically mean the person was driving dangerously. No matter what the accident was, the Crown prosecutor would need to establish each of the three points above before the court convicts a driver of dangerous driving.

Consequences of a conviction for dangerous driving.

There are three major consequences to being convicted of dangerous driving.

1. Imprisonment for a term of up to 2 years, a fine of up to $5,000.00, or both, for the dangerous driving without any aggravating circumstances.
2. The judge may order the license suspension.
3. A criminal record, which can affect your ability to travel or obtain certain employment. A criminal record lasts forever unless you receive a pardon. Currently, you must wait for at least five years before you are eligible to apply for a pardon.

It is important to note that, depending on the circumstances of the case, the punishment can be more severe. First, the Crown may choose to proceed “by indictment” and ask for more serious consequences. Second, if the dangerous driving has caused death or significant physical harm to someone, the Criminal Code itself outlines different offences and different applicable levels of punishment.

The difference between dangerous driving and careless driving

The last topic to cover concerning dangerous driving is the difference between dangerous driving and careless driving. These are two separate charges. The difference between them is not always clear because they have some similarities. Despite any similarities, however, there are major differences:

1. First, the charges are substantially different. To get conviction of dangerous driving, the prosecutor must prove that there was actually a danger to the public. To get conviction of careless driving, the prosecutor need only prove that you were driving without due care or attention. There must be negligence on your part, but not necessarily danger to the public.
2. Dangerous driving is a criminal offence under the Criminal Code of Canada. Careless driving is a provincial offence under an Ontario provincial statute, the Highway Traffic Act. This means that a person convicted of dangerous driving will have a criminal record.  A person convicted of careless driving will not.

Read more about careless driving here.

How a paralegal can help you with a dangerous driving charge

If a charge of dangerous driving does not include any aggravating factors, the Crown prosecutor usually requests lower punishment (no more than 2 years in prison and/or a fine of up to $5,000). It means that the court applies simpler procedures, choosing a process by summary conviction.

If the prosecutor proceeds this way, the accused can be represented by a paralegal. Experienced paralegals can deliver the same result as a lawyer at a lower cost. For example, at Spectrum Paralegal, we charge flat rates.

For us, the minimum goal is to show that your driving was not dangerous but was careless at most. This can allow you to avoid a criminal record and other consequences associated with a charge of dangerous driving. Of course, depending on the situation, it may also be a good option to plead not guilty and move forward with a trial.

Contact us today for a free assessment of your case.