Getting charged with dangerous driving can be a terrifying and overwhelming experience. However, if you are in this situation, it is important to understand that you have options. The best defence against a dangerous driving charge will depend heavily on the specific circumstances of your case. That’s why it’s crucial to seek the advice of an experienced criminal defence lawyer who can help you navigate the legal system and provide you with tailored guidance.
One of the most common defences for dangerous driving is arguing that the driver’s actions were the result of momentary negligence. In fact, the Supreme Court of Canada has established that a few seconds of negligent, accidental, or unintentional driving is not enough to hold a person criminally liable for dangerous driving. This means that if your actions were due to momentary negligence, you may be able to avoid a criminal conviction for this offence.
Another possible defence against a dangerous driving charge is unexpected medical impairments such as seizures, hallucinations, or blackouts. In such cases, you will not have the necessary mental intent required to be found guilty of the offence as you had no control over your physical state and your actions. However, if the impairment is a result of your decision to not take medication for a pre-existing condition, this defence will not hold up.
Involuntary or unintentional consumption of alcohol or drugs is another potential defence against a dangerous driving charge. For example, if you unknowingly consumed a drug at a bar and drove dangerously as a result, an acquittal is possible if you can prove that the drugs affected your driving.
It is important to remember that every case is unique and requires a thorough analysis of the facts and circumstances involved. That’s why it’s crucial to seek legal advice from an experienced criminal defence lawyer who can provide you with the best possible defence strategy. If you’re facing a dangerous driving charge, don’t hesitate to contact us today to discuss your case and explore your options.