Driving is considered on a spectrum, meaning that driving can be anywhere from completely lawful, excellent driving all the way to drive that meets the criminal standard for careless driving or even the standard for criminal negligence.
The difference between careless driving or driving without due care and attention as the Motor Vehicle Act defines it, and dangerous driving, is where the conduct falls on the spectrum. The courts have spent a lot of time identifying the point on the spectrum where the driving conduct falls, in order to help people, identify whether an act of bad driving amounts to a criminal offence of dangerous driving, or merely a Motor Vehicle offence of driving without due care and attention.
The basis on which this distinction is drawn is based on a number of factors.
Establishing the factors between careless driving and dangerous driving involves determining whether the driving constitutes a marked departure from the standard of a reasonably prudent driver having regard to the circumstances of the road, the place where the driving occurred, the vehicle experience of the driver and all of the other factors that go into driving.
Driving that is something less than a marked departure from the standard of a reasonably prudent driver will typically fall within the definition of careless driving.
In determining whether something is a marked departure, one of the things that the court looks at is the links of time over which the allegedly bad driving took place. For example, if the driving occurred over a long period of time, that is more likely to be characterized on the spectrum as dangerous driving, as opposed to driving without due care and attention.
If the driving took place over a short period of time and involved only momentary inattention or neglectfulness, then that is more likely to be characterized as a Motor Vehicle Act offence of driving without due care and attention.
So, the difference will be identifying whether the bad driving was caused by a momentary lapse versus a marked departure from what we expect a driver to be doing on the roadway.
But lots of driving can often be characterized both ways. This is why when facing a charge, either for driving without due care and attention or dangerous driving, it is important to get clear legal advice. Making the determination on your own about where your driving falls on the spectrum of conduct, might be difficult for you to do.
This is because you lack objectivity about how the driving and the accident took place. It also has to do with the fact that the courts have engaged in definitions of driving that amount to a marked departure, and a definition of driving that amounts to momentary negligence, and it often seems like the same conduct can meet the definition of either.
A good example of this is a recent Supreme Court of Canada case in which they found that speeding can constitute dangerous driving, even with nothing else to make the driving dangerous. We know that speeding is otherwise typically only a Motor Vehicle Act offence.
You can get a ticket for speeding or excessive speeding, and there are various fine tiers based on how much you were exceeding the limit. But speeding itself can also constitute dangerous driving. Identifying the distinction between the two involves assessing all of the factors including; the speed of the vehicle, the location where it was speeding, the road features, the time of day, the amount of traffic, the type of neighbourhood that it was in and any other circumstances that would or could have been known to the driver at the time.
Speeding on an empty road late at night with ample overhead lighting from street lights might not be considered dangerous driving. But speeding through a busy intersection with left-turning vehicles as the light is turning yellow, and accelerating to make the yellow light, may amount to dangerous driving.
Both of these may also be considered vice versa. This highlights the difficulty in determining whether conduct on the road amounts to a marked departure and the difficulty in understanding the difference between dangerous driving and driving without due care and attention, or careless driving.
Ultimately, if you are facing a charge for either of these offences, you should contact a lawyer experienced in driving cases to get legal advice so you do not end up pleading guilty to something you are not necessarily guilty of. A lawyer will help you to fully understand the significance of the charge against you.