The definition of the offense of dangerous driving is provided in section 320.13 of the Criminal Code. In the case of a motor vehicle, the offense is driving in a reckless or dangerous manner, which results in exposing the public to an unacceptable risk. These are overtaking, excessive speed and non-compliance with traffic laws. The factors to be considered in assessing this risk are numerous: condition of the roadway, visibility, density of traffic, how to drive the vehicle in context, etc. It must also be proven that the driver was really in control of the vehicle, and that it was not just a matter of discomfort or drowsiness for which he can not be held responsible.
Question: How to be acquitted of dangerous driving? How to avoid a criminal record?
Answer: See here examples of dangerous driving cases successfully litigated by the law firm Cormier Simard.
There are several levels of dangerous driving, all of which do not result in the same level of legal responsibility: misconduct within the meaning of civil law, misconduct under provincial penal statutory law (Article 327 Highway Safety Code) and finally the meaning of the criminal law. It is this third level that interests us here. To be found guilty in the criminal case, the behavior must involve a relatively high level of negligence.
Dangerous driving is punishable by up to 10 years imprisonment, or 2 years if the case is prosecuted as summary conviction. Dangerous driving causing bodily harm carries a maximum penalty of 14 years imprisonment, with a minimum fine of $ 1,000. Finally, dangerous driving causing death is punishable by a maximum term of life imprisonment. (section 320.2 Criminal Code). Absolute discharge is a possible sentence for a conviction for the offence of dangerous driving.
The driver’s license will be suspended by the SAAQ. It may also be suspended for a period deemed appropriate by the judge.
The criminal lawyer defending an individual accused of these offenses will have to assess several aspects, including: Is there compelling evidence of the identity of the driver of the vehicle? Did the reported facts really constitute dangerous driving within the meaning of the Criminal Code? What reliability can be afforded to witnesses who have reported the facts to the police? Was it merely civil negligence or reasonable conduct in the circumstances? Did the driver make a careless mistake, and if so, is the threshold of criminal liability reached? Does the client’s version of the facts contradict the evidence against him?
In the case of a charge of dangerous driving causing injury or death, the prosecution must demonstrate beyond a doubt a causal connection between the conduct and the bodily injury or death. For example, if during a street race in which the accused participated, another driver dies, is there still room for doubt as to the connection between the dangerous driving of the accused and the death of the other driver?
