In 2016, a van carrying a mother and her toddler went into the Grand River near Orangeville, Ontario. Unfortunately, the three-year-old was swept away with the current. His body was discovered two months later by a fisherman.
Months later came a shocking development – his mother was charged with dangerous driving and criminal negligence causing her son’s death. The OPP toxicology screenings showed that she apparently tested positive for Percocet, OxyContin, cocaine and alcohol. Although the case is still before the courts and none of the allegations have been proven, it draws attention to the consequences of dangerous driving.
When you’re a licenced driver in Canada, you’re governed by the laws of your province. The object is to regulate driver behaviour and reduce crashes, whether you’re on a motorcycle, in a car, bus, transport truck or any other passenger vehicle. Much like other driving offences in Canada, dangerous driving is serious and can have disastrous consequences if you’re found guilty. That’s why it’s important to be aware of your legal rights and seek help from a criminal lawyer right away if you’re charged with such an offence.
What Exactly Is Dangerous Driving?
The Criminal Code of Canada defines ‘dangerous driving’ as a serious offence where a driver handles a motor vehicle in a manner that’s hazardous to public safety. Although these crimes mostly involve someone driving irresponsibly in a public place (like a busy street or highway), it’s not always necessary to have other people around to be charged. The term ‘public place’ generally refers to those streets, fields, parks and other spaces where the public has easy access. Besides roads and highways, it can include parking areas around shopping malls, school playgrounds and driveways that can be accessed by the public. A close inspection of a driving offence, including the crime’s location and circumstances, will determine if the driver’s conduct was dangerous or merely careless.
For instance, a court may find that hitting a car or pedestrian at 90 km/h is dangerous driving, no matter how alert the driver was. However, in a different context – if someone was driving at the same speed, on the same road, under similar conditions but looked away to attend to a crying child – it may not be regarded as criminal. Although every driving offence that involves death or injury is tragic, the situation differs from case to case.
When Can You Be Convicted?
In order to be convicted of dangerous driving, the crown prosecutor must prove the following:
- The accused was operating or driving a motor vehicle or vessel at the time of the offence.
- The way the accused drove or operated their vehicle was a substantial departure from the way that a reasonable driver would operate the vehicle.
For example, if you’re speeding through a school, hospital or kids’ play zone, the court will decide whether public safety was in danger as a result of your driving. The court will also consider whether your behaviour was reasonable under the circumstances. For instance, if an accident occurred due to sudden dizziness or a dog running into the street, the court will consider the situation and decide if it was your fault. In the case of death or physical harm, the crown must prove that the calamity was a direct result of dangerous driving. Your intentions will not be taken into consideration when deciding your guilt.
Penalties for Dangerous Driving
There are various degrees of dangerous driving, and the penalty will depend on the severity of your offence.
If you’re charged with and convicted of dangerous driving causing death, you’re guilty of an ‘indictable offence’ and liable to serve a maximum of 14 years in prison. Your driver’s licence will also be suspended for five years. If the offence causes bodily harm but not death, you may be sentenced to up to 10 years in prison and receive a five-year licence suspension. Thirdly, if you don’t kill/injure anyone but operate your vehicle in a way that’s dangerous to public safety, you may face up to five years in prison; your license will also be suspended for one year.
Other common penalties, regardless of the crime’s severity, include:
- Criminal record for life
- Possibility of jail
- Fines ($2,000-$50,000)
- Criminal probation
- Increased insurance rates for a minimum of five years.
A second criminal conviction will result in a three-year licence suspension and a third will result in a permanent licence suspension. You can re-apply for it after 10 years.
Once your licence is suspended, you cannot operate a motor vehicle until it’s reinstated. This remains valid even after the suspension period. Additional conditions like drug counselling, physical examinations or driver training may be required to get it back. This is often a complex procedure requiring legal assistance. For further details on dangerous driving laws in Canada and their legal consequences, contact Harpreet Saini today.