Section 320.13 of the Criminal Code of Canada sets out the different offences for Dangerous Driving. Anyone who operates a motor vehicle in a manner that is dangerous to the public having regard to all of the relevant circumstances, is guilty of Dangerous Driving. What does this mean?
If you simply had an accident and your driving up to that point wasn’t questionable, then it would be difficult for the prosecution to prove that you were driving dangerously. If, however, your actions leading up to the accident showed improper driving, like speeding, weaving in and out of traffic, or texting on your phone, this could result in a Dangerous Driving finding.
The court asks: Do your actions amount to a marked departure from the standard of care that a reasonable person would observe in all the circumstances?
Let’s look at a basic example of this. If the speed limit is 100 km an hour, and you are driving 180 km an hour on an open country road where there is no other traffic, and no possibility of somebody pulling out into the road you are travelling on, that may raise a reasonable doubt as to whether you were driving dangerously. In those circumstances, while your speed is excessive, the court would be left with a question as to whether your driving was dangerous, having consideration of all the relevant factors.
On the same set of facts, but adding the circumstances that you were driving at night or on a snowy and icy road, this may tilt the case in favour of the prosecution. Similarly, if you are driving 180 km an hour on the Queen Elizabeth Highway where there is a lot of traffic, you may very well become liable for Dangerous Driving. Every case is fact-specific!
Generally, a momentary lapse in attention or judgment would not typically result in a Dangerous Driving conviction. However, if you are driving in a school zone, where there are a lot of young children, and the bell has just rung, and children are running out of class, there may be an expectation that your attention should be more focused on the particular circumstances at that time.
There are many factors that we look at when faced the Dangerous Driving case. We may even to hire our own engineers and experts to help mount a defence. If you have been charged with Dangerous Driving, it is important that you immediately record everything you remember in as much detail as possible.
The Criminal Code creates two other offenses related to Dangerous Driving: Dangerous driving causing bodily harm and dangerous driving causing death. Usually if a court finds you have driven dangerously and either death or injury has resulted, you will be found guilty of those offences. The threshold for breaking the chain of causation is not generous.
If you have been charged with dangerous driving, call us immediately and let’s start working on your case. The penalty for dangerous driving could be jail and almost always results in a further driving prohibition. In addition, the province will prohibit you from driving if you are convicted of this offence. Insurance rates on your vehicle would also increase.
The prosecution must prove your driving was truly dangerous. We gather facts fast, challenge assumptions, and help you avoid the serious penalties that come with a conviction.
