Dangerous Driving Lawyer Toronto
Introduction
Dangerous Driving is a criminal offence in Canada that carries serious consequences for those found guilty of it.
Andrew Captan is an experienced Dangerous Driving Lawyer in Toronto, who answers some of the more common question he faces in his practice surrounding the charge of Dangerous Driving.
Is dangerous driving a criminal offence in Canada?
Yes – Dangerous Driving (or dangerous operation) is a Crime in Canada and subject to criminal penalties, all the way through to jail time. The offence can be found under s. 320.13 of the Criminal Code of Canada. Any offence listed under the Criminal Code is a Crime. A Dangerous Driving Lawyer Toronto would be the one to defend you in a case like this, rather than, say, a paralegal, given the penalties involved.
What is “s. 320.13 – Dangerous Operation”?
Dangerous operation is the formal description of the offence of dangerous driving. The offence can be found under s. 320.13 of the Criminal Code of Canada. That section reads as follows:
“Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.”
If you have been issued paperwork by the police, which indicates a charge under “CC. 320.13”, then it is best you reach out to a Dangerous Driving Lawyer Toronto for a consultation.
What is the definition of dangerous driving Canada?
A variety of factors are reviewed by the police and a Court to determine if dangerous driving has occurred. In assessing whether an accused’s driving was “dangerous”, the Court must look at whether the accused’s driving was objectively dangerous to the public, having regard to all of the circumstances, including the nature, condition and use of the place at which the vehicle was being operated; the road conditions, including traffic volumes, etc
The offence focuses on the manner of the driving, rather than the consequences of the driving. A court must also find that the driving reflected a marked departure from the standard of care expected of a reasonable person in the same circumstances.
There is no single driving maneuver that can be classified as dangerous driving; a wide variety of driving may make out the offence. Once you receive your disclosure, you can review the allegations with a Dangerous Driving Lawyer Toronto and determine whether by applying the test above, you are at risk of being found guilty of dangerous driving.
Does the offence of dangerous driving just apply to cars?
No – dangerous driving, as modified by the government in 2018 via Bill C-46, applies to “conveyances”, and may include a motor vehicle, a vessel, an aircraft or railway equipment.
Courts have defined vessel, for example, to even include a canoe (at least in the context of one drinking and driving case that made its way to the Ontario Court of Appeal).
Is reckless (or careless) driving the same as dangerous driving in Ontario?
Reckless or careless driving is not the same as dangerous driving. The former amount to traffic tickets under the Highway Traffic Act while the latter, as described above, is a crime. The distinction can be difficult to make, however, and it is possible that the police may have charged you with the wrong offence. Accordingly, once you receive your disclosure, with a Dangerous Driving Lawyer Toronto, you should review whether, for example, the evidence in question does amount to the specific offence being alleged against you.
What are the potential sentences for dangerous driving in Ontario?
If you’ve been found guilty of dangerous driving, the maximum sentences are as follows:
- If the Crown proceeds by indictment, a jail term of up to 10 years
- If the Crown proceeds by summary conviction, a maximum fine of $5,000 and a jail term for up to 2 years less one day
Note that there is a minimum one year driving suspension in the province of Ontario if you have been found guilty of Dangerous Driving – this is automatic and cannot be removed by a Judge.
Besides the 1 year suspension, there are no minimum sentences as far as Dangerous Driving goes. You are eligible, as the best case scenario, for an Absolute Discharge for this offence.
Speak to an experienced Dangerous Driving Lawyer Toronto about potential punishments in your case, as each case and each punishment will be fact specific or driven.
What is the fine for dangerous driving in Ontario?
There is no set fine for Dangerous Driving in Canada, as compared with DUI offences, for which there is a $1,000 minimum fine and careless driving, for which there is a minimum $400 fine in Ontario.
Can you go to jail for dangerous driving in Ontario?
Yes – jail is a possible sentence for dangerous driving. In theory, you could go to jail for up to 10 years for the offence, given the maximum penalties set out in the Criminal Code of Canada. Maximum penalties are set out for the worst of all cases. Additionally, jail sentences are also imposed for more serious or extreme cases of dangerous driving, or whether the accused has a related criminal record for driving relating conduct.
To reduce the risk of a jail sentence in your case, speak to an experienced Dangerous Driving Lawyer Toronto about your situation and about what steps you can take to improve your legal position.
Is dangerous driving a felony in Ontario?
There is no such thing as a “felony” in Ontario. A felony is an American criminal law construct. In Canada, the functional equivalent to a felony would be an indictable offence, of which Danger Dangerous is an example.
Andrew Captan – Dangerous Driving Lawyer Toronto
Andrew Captan is an experienced Dangerous Driving Lawyer in Toronto. If you’ve been charged with this crime, Mr. Captan offers a free initial, no obligation consultation regarding your Dangerous Driving case. He offers a no non-sense, honest and practical response to criminal charges.
Call him at (647) 878 – 6355, e-mail him at andrew@captanlaw.com or visit his website HERE.
