Criminal Law
Dangerous Driving
Criminal Law
Dangerous Driving
Many drivers often mistake dangerous driving as a civil offence and do not take the charges seriously. It is worth noting that, in Canada, while some driving offences, such as speeding and careless driving, are provincial regulatory offences, the more serious charges, such as dangerous driving and impaired driving, are federal criminal offences, attracting more serious legal penalties and a permanent criminal record if convicted. To avoid such consequences, it is important to engage the services of an experienced criminal defence lawyer to help you fight the charges from the very beginning.
What constitutes a dangerous driving offence in Canada?
Section 320.13 of the Criminal Code of Canada defines the charge of dangerous driving as the act of operating a vehicle in such a way as to endanger the lives of others. If the reckless act resulted in an accident and caused bodily harm to others, further serious charges under the Criminal Code may be imposed on the accused. It is worth noting here that the law does not require anyone to be present on the streets. The focus is on the reckless and dangerous manner in which the accused was driving the car. In other words, even if you were driving on a completely empty street, you would still be charged with the offence of dangerous driving.
What are the different types of dangerous driving offences?
Based on various factors, the offence of dangerous driving might fall into any of the following categories.
Dangerous operation of the vehicle
In case of reckless and dangerous driving, which did not result in any bodily harm.
- Summary conviction: Maximum possible sentence of 2 years less a day.
- Indictable offence: Maximum possible sentence of 10 years.
Dangerous driving causing bodily harm
In case of dangerous driving, which led to a collision or accident resulting in bodily harm to the victims.
- Summary conviction: Maximum possible sentence of 2 years less a day.
- Indictable offence: Maximum possible sentence of 14 years and a minimum fine of $1000.
Dangerous driving causing death
In case of a dangerous driving offence that led to a fatal accident.
- Indictable offence: Maximum possible sentence of life imprisonment and a minimum fine of $1000.
What are the legal penalties for dangerous driving?
Under the Criminal Code of Canada, dangerous driving is a hybrid offence. This means that, depending on the circumstances of the case, history of previous offences, and any bodily harm inflicted on the victims, the Crown may choose to pursue either a summary conviction or an indictable offence against the accused in the case.
- Summary conviction: Maximum possible sentence of 2 years less a day.
- Indictable offence: Maximum possible sentence of life imprisonment.
It is worth noting here that while the option of summary conviction will lead to a lesser sentence, both summary conviction and indictable offence will lead to a permanent criminal record.
How can our criminal defence lawyers help you in the case?
As mentioned above, dangerous driving may fall into different types of offences depending on the severity of the act, and within each category of the offence, the Crown reserves the right to pursue either the summary conviction or the indictable offence option. An experienced criminal defence lawyer might be able to negotiate with the Crown and get the charges reduced to a lesser offence or opt for the summary conviction route, especially if it is your first offence.
In a criminal case, the burden of proof is higher on the Crown to convince the court of the guilt of the accused beyond a reasonable doubt. Your lawyer will check to make sure that there were no charter rights violations during your arrest or evidence collection. They will cross-examine the witnesses and point out the weaknesses and inconsistencies in the evidence provided. Your lawyer will protect your rights and continue the legal fight to get a favourable verdict in your case, including moving for an appeal in a higher court if necessary.
Feel free to get in touch with our criminal defence team with the details of your case if you are dealing with such dangerous driving charges laid against you.
Frequently Asked Questions
What is a hybrid offence?
A hybrid offence is any criminal offence that contains a provision in the Criminal Code for it to be treated as either a summary conviction or an indictable offence, depending on the various aggravating factors associated with the offence. It is up to the Crown to decide on which of the options to pursue in the case. Various factors, such as the criminal record of the accused, the bodily harm caused by the reckless driving, and the repeated nature of the offence, will prompt the Crown to go after the accused for the indictable offence with more severe legal penalties.
What is the difference between careless driving and dangerous driving?
While the two offences might sound similar, they both belong to two completely different categories with different legal consequences for the accused.
- Regulatory vs. Criminal Offence: Dangerous driving is a criminal offence under Section 320.13 of the Criminal Code. Careless driving, on the other hand, is a regulatory offence under the provincial laws, such as Ontario’s Highway Traffic Act.
- Permanent criminal record only in case of dangerous driving if convicted.
- Legal penalties: The criminal offence of dangerous driving can lead to the maximum punishment of a life sentence in the event of a fatal accident. Careless driving, being a civil offence, will lead to a maximum sentence of 2 years, even in serious cases.
Will I get banned from driving for a dangerous driving offence?
Yes. One of the possible penalties of a conviction for a dangerous driving offence is a lifetime ban from driving. In most cases, a conviction for a first-time offence of dangerous driving will result in the suspension of the driving license for a minimum of one year. Repeated convictions could lead to a longer or lifetime ban from driving. Also, aggravating circumstances such as the bodily harm inflicted on victims might also induce the Crown to seek a lifetime ban even for a first-time offence. If you are charged with a dangerous driving offence, immediately consult our criminal defence lawyers for legal support and assistance.
Will I get a prison sentence for dangerous driving in Canada?
While the final outcome of the case will depend on the particular circumstances of the case, it is possible that you might receive a prison sentence for a dangerous driving offence. This will depend on various aggravating factors that will lead the Crown to pursue a prison sentence rather than just settle for a fine. Also, if you are a repeated offender for dangerous driving, it is highly likely that you might be required to serve a certain amount of prison time as a consequence. Reach out to our criminal defence lawyer with the details of the charges to get better clarity on the possible outcome and your best legal options in the case.
What is the minimum sentence for dangerous driving?
As such, there is no mandatory minimum sentence for a dangerous driving offence in Canada. The length of the prison sentence in the case will depend on various factors, such as the nature of the offence, the record of similar driving offences in the past, and whether the offence resulted in an accident or caused harm to others. Based on these factors, the accused might receive just a $1000 fine or a 30-day sentence for a minor offence. On the other hand, if the reckless driving resulted in a fatal accident, the conviction could result in a maximum punishment of life imprisonment. Get in touch with our criminal lawyers to fight these charges in court.
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