Dangerous Driving (or Operation) is a criminal offence found under s. 249(1)(a) of the Criminal Code of Canada. The offence, under the Code, reads as follows:
“249. (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.”
In assessing whether an accused’s driving was “dangerous”, the Court must look at:
(1) whether the accused’s conduct (driving) amounted to a marked departure from a reasonable person in similar circumstances; and
(2) if there was a marked departure, whether that behaviour is deserving of criminal punishment.
To speak to a Dangerous Driving lawyer, call (647) 878-6355 today!