When it comes to reckless operation of a motor vehicle and behaviour that poses a threat to public safety, if a person is caught driving this way it can lead to a charge of dangerous driving.
But, in order to secure a conviction for dangerous driving, the Crown must establish some elements beyond a reasonable doubt.
The things the Crown must prove include that you were in control of a motor vehicle, that your mode of operation exhibited a substantial deviation from the conduct expected of a reasonable and cautious individual and that your driving behaviour posed a danger to the public.
When assessing whether the driving posed a risk to the public, the court considers all the circumstances surrounding the offence. This includes factors such as traffic, as well as the conditions of the road and surrounding areas. If it is determined that your driving was objectively hazardous given the circumstances, you will be convicted of this offence. It is important to note that the Crown does not need to prove that actual harm or danger occurred to someone; the mere potential risk of harm or danger is sufficient for a conviction of dangerous driving.
To establish your guilt, the Crown must also demonstrate that you had the intention to commit the offence, meaning that you were aware or, should have been aware, that your driving had the potential to endanger the public, yet you chose to drive in that manner regardless.
Consequences of dangerous driving
In Canada, dangerous driving is considered a hybrid offence, allowing the Crown to opt for summary conviction or indictment. If the Crown chooses summary conviction, the maximum penalty is imprisonment for up to six months, but it they go the indictment route, you could face a prison term of up to five years. And these penalties will increase significantly if your driving results in the death or bodily harm of another person.
A conviction for dangerous driving causing bodily harm constitutes an indictable offence, carrying a maximum sentence of ten years in prison and for dangerous driving causing death, you could be liable for up to 14 years of imprisonment.
In addition to a dangerous driving conviction, you should also anticipate receiving a fine of up to $5000.00 and a driving prohibition, for a maximum of three years.
Can I get my charges dropped?
If you have been charged with dangerous driving the most important first step you should take is hiring a lawyer. A lawyer may be able to secure a resolution that prevents you from acquiring a criminal record. For instance, they can explore the possibility of persuading the Crown to allow you to plead to the traffic offence of careless driving instead of proceeding with a dangerous driving trial. This will help you avoid a dangerous driving conviction altogether.
A lawyer can also help you pursue a discharge application to shield you from a criminal conviction. If successful, you can maintain that you haven’t been convicted of dangerous driving.
If you have been charged with dangerous driving and you want to fight it, do not hesitate to contact our offices, we are happy to help.