Expert Toronto Lawyer for Defense in Dangerous Driving Cases Involving Injury or Fatality
Given the significant implications of a conviction, individuals charged with dangerous driving should seek representation from a seasoned and adept criminal defense attorney.
Toronto Dangerous Driving Defence Lawyers
When these charges involve serious property damage, injuries, or even worse, fatalities, things get real, fast. This is where top-notch criminal defence steps in.
Kazandji Law is not your average law firm.
For years, we have been tackling a variety of driving offences with a track record that speaks for itself. Our approach is all about diving deep into preparation and brainstorming outside-the-box solutions.
With us, you are not just a case number; you are a story that needs the right ending.
What is Dangerous Driving in Toronto
In Canada, under section 320.13 of the Criminal Code, dangerous driving is:
- Cruising in your ride (or any vehicle, really), like you’re the only one on the road.
- Accidentally hurting someone because of your wild driving.
- Worst case scenario, someone loses their life because of the way you drive.
The court does not need to prove someone was nearly hit by your car. It’s enough if they show your driving style was a danger to the public.
Dangerous Driving Vs Careless Driving
Reckless driving and careless driving are two sides of the same coin but with different consequences.
Reckless driving is like playing with fire in your backyard and getting caught by the cops – it’s a serious crime under Canada’s Criminal Code.
Careless driving? It’s more like riding your bike hands-free on the sidewalk; it’s not criminal but still risky – it’s a Highway Traffic Act offence. Getting a ticket for careless driving will not slap you with a criminal record so that you can breathe easily there.
Now, to prove careless driving, it’s not about showing you were driving like a risk-taker but that you were not paying enough attention.
You may have missed a red light while changing the track on your playlist or forgot to check your side mirrors while admiring that billboard.
How is the Offence of Dangerous Driving Established
In 2008, Canada’s Supreme Court tackled a pivotal case, R v Beatty, painting a clear picture of what constitutes dangerous driving causing bodily harm.
If your driving is a stark contrast to how a cautious person would handle the wheel, then it is dangerously off the mark. Imagine a driver’s moves being so reckless that they put everyone on the road at risk.
In R v Roy, 2012, it was all about comparing your driving chops to the average Joe’s. If Joe had seen the danger in your speeding and said, “No, not doing that,” but you went ahead, that is a big red flag.
Dangerous driving is not just about flooring the gas pedal. It is the little things – like playing a guessing game when merging lanes or not doing what any sensible driver would do.
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Can You Lose Your Licence for Dangerous Driving in Toronto
In line with the Criminal Code’s Section 320.24(1), if you are convicted of dangerous driving leading to injury or, worse, a fatality, brace yourself for at least a year without your license. The more you have been caught, the longer you are grounded.
Now, if your wild ride did not hurt anyone, do not sigh in relief just yet. Under Section 320.24(4), the judge can still put your driving on pause, aside from whatever else they throw at you. What is the length of this timeout? It is tied to your jail time—if any.
Every time you are tempted to floor it or pull a risky move, consider not just the legal mess but the people you could hurt.
Penalties for Dangerous Driving in Toronto
Reckless driving is not something to take lightly. The Crown decides if your case is serious enough for a full-blown trial or just a summary. The consequences vary based on their call.
When you are in the driver’s seat, going wild can land you:
- Up to 10 years in the slammer for an indictable offence.
- A maximum of 2 years is required for a summary offence.
But wait, it gets more intense. Causing harm while driving like a maniac?
- An indictable offence means up to 14 years behind bars.
- Fines start rolling in: $1,000 for the first-time offenders, a month in jail for the second strike, and 120 days for those who didn’t learn the first two times.
And the ultimate penalty – if someone loses their life because of your dangerous ride:
- Life imprisonment. Yes, you read that right.
- The fines and jail time for repeat offenders follow suit.
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FAQs
What is the reckless driving law in Canada?
In Canada, if you are caught driving recklessly—be it a car, boat, plane, or train—in a way that puts the public in danger, you could be looking at up to five years behind bars. It is a serious offence with serious consequences.
What is the longest sentence for death by dangerous driving?
For causing death by dangerous driving in the U.K., the penalty can be as severe as 14 years in prison, with a mandatory driving ban of at least two years, especially for offences committed before June 28, 2022.
How long after reckless driving can you go to Canada?
A reckless driving misdemeanour from the U.S. can lead to a permanent ban from entering Canada. It’s a mistake that can have lifelong travel implications.
Can I go to Canada with a reckless driving conviction?
A reckless driving charge typically renders you ineligible to enter Canada. It’s one of those offences that Canada takes very seriously, affecting your freedom of travel.
What is the most dangerous form of driving?
The most difficult driving behaviour is distracted driving. It is a top cause of accidents and endangers everyone on the road. Always stay focused behind the wheel.