The Offence of Dangerous Driving in Canada – Speed is not Enough
Merchant Law Group LLP, Regina, Saskatchewan
For many driving is an everyday necessity however dangerous driving charges can lead to the revoking or suspension of this privilege. A dangerous driving charge can carry a prison sentence of up to 5 years depending on the severity of the incident. Alternatively when dangerous driving causes injury it is strictly an indictable offense carrying a punishment of up to 10 years!
Dangerous driving does not just include automobiles, all vehicles are included by definition of the Canadian Criminal code:
(1) Every one commits an offence who operates
(a) 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;
(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;
(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or
(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.
(2) Every one who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; and
(b) is guilty of an offence punishable on summary conviction.
In short – the legal test for establishing a conviction for dangerous driving is – was the Accused’s driving, a “marked departure” from that expected of a reasonable person?
In determining if there was a marked departure, the courts have looked the road conditions; visibility; the driver’s manner of driving; the driver’s speed; and other factors.
SPEED alone is not sufficient to secure a conviction for dangerous driving.
If you are charged with dangerous driving or another criminal charge under the Criminal Code, it is very important that you consider consulting a lawyer.
Your rights may affected and it is necessary for you to have an experienced and competent Criminal Defence Lawyer to provide you with legal advice and protect your legal rights.
Linh Pham regularly make appearances in Regina Criminal Defence regularly makes court appearances at the following cities and towns:
Assiniboia, Broadview, Canora, Carlyle, Esterhazy, Estevan, Indian Head, La Ronge, Lloydminster, Fort Qu’Appelle, Melfort, Moose Jaw, Moosomin, Nipawin, North Battleford, Prince Albert, Punnichy, Weyburn, Saskatoon, Swift Current, Wynyard, Yorkton and other locations.
The information provided on this page is for education purposes only and is not intended to be relied upon as legal advice.
If you need legal advice, contact a lawyer like Linh Pham. Call: 306-502-5987.