Dangerous Driving – Causing bodily harm/death
We are a British Columbia law firm that routinely defends dangerous driving charges. Our lawyers are years of experience in all areas of driving law, and the area of dangerous driving is no exception. Dangerous driving, whether you injured someone or not, is a charge under the Canadian Criminal Code and can result in a permanent criminal record.
It is also very easy for someone to be investigated for dangerous driving. In almost any traffic accident or collision resulting in injuries or death, police will always investigate for carelessness or wrongdoing on the part of all drivers involved. We understand that often, split-second actions taken to avoid a collision can be interpreted to be carelessness or recklessness behind the wheel.
If you are being charged or investigated with dangerous driving – whether someone was injured or not – it is imperative to contact a criminal defence lawyer immediately. If there was an injury or death, the starting point is almost always jail time, even for first-time offenders with clean criminal records. Call now for a free consultation at 604-685-8889.
Acumen Law Corporation defends dangerous driving causing bodily harm and dangerous driving causing death allegations, because we understand that driving is an activity that can be inherently unpredictable, and otherwise innocent drivers should not be punished for decisions they made in an emergency.
- Hit and run defence
- Drunk/Impaired driving
- Immediate Roadside Prohibitions
- Driving Prohibitions/Licence Suspensions
Dangerous Driving – The Offence and the Punishment
Dangerous Driving is prohibited by s. 249(1) of the Criminal Code, which states it is an offence to operate:
(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;
The punishment is quite severe, and even if there were no injuries or deaths as a result of dangerous driving, the courts can sentence a driver to a term of imprisonment of up to five years!
For dangerous driving cases resulting in bodily harm or death, the sentences are far more significant.
Dangerous Operation Causing Bodily Harm
(3) Every one who commits an offence under subsection (1) and thereby causing bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Dangerous Operation Causing Death
(4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
Lawyers Who Defend Dangerous Driving Charges
We’re lawyers with years of experience defending dangerous driving charges. If you have been charged after a serious collision that resulted in an injury or death, you want a team of lawyers who have studied the legislation, who understand how police officers and collision investigators do their work, and who have a track record of success in driving law. We are that team of lawyers.
Call us today for a free consultation: 604-685-8889.
In defending dangerous driving charges, the courts have determined that the actions of the driver must be assessed objectively. What this means is whether a driver intended drive dangerously is not a defence. Instead, the courts assess whether there was negligence on the part of the accused, or to put it another way, whether the driver had taken sufficient steps to ensure he or she would not be in a situation where dangerous driving would occur.
Reasons a driver may be charged with dangerous driving
The reason a driver may be charged with dangerous driving following a motor vehicle collision is extremely varied, due to the large number of unique circumstances that can occur while driving. This is by no means an exhaustive list, but drivers have been accused of dangerous driving for:
- improperly taking evasive action to prevent a crash
- causing a crash after reaching for something within the vehicle
- making an improper lane change causing another vehicle to crash
- falling asleep at the wheel
- being involved in a collision while speeding
- consuming drugs or alcohol prior to driving
- being involved in a collision after disobeying a traffic signal
- failing to keep a proper lookout for pedestrians
- failing to follow commercial driving regulations
- demonstrating road-rage behaviour prior to a crash
- speeding and not pulling over for police
- improperly overtaking vehicles ahead
Why hire a lawyer to challenge dangerous driving charges
Hiring an experienced lawyer can often make the difference between jail time or a sentence served in the community, or a criminal record versus a clean record, when all’s said and done. We have the skills and expertise to hold the Crown prosecution’s feet to the fire. We know the difference between the prosecution’s theory, and what can actually be proven beyond a reasonable doubt in the court of law.
At Acumen Law Corporation, we use all the defences known to law to help our clients avoid significant jail time for what may be nothing more than a genuine traffic accident. We understand why the law takes dangerous driving offences so seriously, but we want you to know that we take protecting each of our clients’ rights just as seriously.
Call today. 604-685-8889. We offer a first-time, free consultation for your driving case to help you determine the best course of action in defending a dangerous driving allegation.