The definition of a reckless driving offence is provided under Section 249 of the Criminal Code of Canada. In cases involving a motor vehicle, the offence means driving in a manner that is dangerous for the public, given circumstances, including the nature and state of the location, the use of the vehicle as well as the intensity of traffic at the time or reasonably foreseeable in the location.
Reckless driving is liable to a maximum sentence of 5 years imprisonment or 6 months, if prosecution is done summarily. Reckless driving causing bodily harm is liable to a maximum sentence of 10 years of imprisonment, while reckless driving causing death is liable to a maximum sentence of 14 years in prison (Section 249 of the Criminal Code).
A criminal lawyer defending an individual charged with these offences evaluates several aspects, for instance: Does the evidence properly identify the driver of the vehicle? Do the facts reported actually make up reckless driving according to the Criminal Code? Was it mere civil negligence or reasonable driving under the circumstances? Did the driver commit an error due to distractability and if so, was the threshold of criminal liability reached? Does the client’s version of the story contradict the prosecutor’s evidence?
Open the other bulletins of this web site to read about examples of reckless driving cases defended by Cormier Simard law firm.
An individual charged with reckless driving should consult a criminal defense lawyer as soon as possible.
