What Are The Defences To A Dangerous Driving Charge In Canada?

January 28, 2021

What Are The Defences To A Dangerous Driving Charge In Canada?

According to Section 249 of the Canadian Criminal Code, a person commits a dangerous driving offence who operates a vehicle in a way that is dangerous to the public. However, there are certain circumstances in which you can get charged with this criminal offence, including:

  • How you were driving your car, like weaving or speeding in and out of traffic, or following the vehicle ahead of you too closely or recklessly
  • The nature and condition of the area where you committed the offence
  • The traffic present in that area

Due to the criminal nature of this offence, only dedicated criminal defence lawyers can help you defend this charge successfully. There are different variations of dangerous driving, like dangerous driving resulting in physical injuries, or causing death.

Penalties Of A Dangerous Driving Charge

The successful conviction of a dangerous driving charge can have a remarkable impact on your livelihood and driving licence. Some significant implications may include:

  • Life-time criminal record
  • Mandatory 1-year driver’s licence suspension
  • Possible jail time
  • Monetary fines
  • Criminal probation

These criminal charges are usually defendable by obtaining the legal counsel of an experienced DUI defence lawyer.

Best Defences To A Dangerous Driving Charge

We will now discuss some of the best defences available to your criminal defence attorney when it comes to defending you against your dangerous driving charge in Canada:

Unique Circumstances

One of the most effective defences available to you against your dangerous driving case depends significantly on your alleged offence’s exceptional circumstances. In order to determine the best course of action for battling your criminal case, you should contact the best criminal defence lawyer near you as soon as possible.

Your attorney-at-law will review your legal matter in detail and determine unique circumstances under which you committed the offence. They will also provide you with an expert opinion on how they can assist you in defending your dangerous driving charge most effectively.

Momentary Negligence

Another way your criminal lawyer can help defend your dangerous driving charge is by arguing that you committed the offence as a result of temporary neglect and that your actions were not planned.

Because a dangerous driving charge is an increasingly severe legal matter, the Canadian Supreme Court determines that a few seconds of negligent, unintentional, or accidental driving isn’t enough for an individual to be declared guilty of reckless driving.

If your alleged dangerous driving action was due to momentary negligence, your legal counsel could help you prevent a criminal conviction against this criminal offence.

Medical Condition

Unpredictable medical impairments, including but not limited to blackouts, hallucinations, and seizures, may also provide your legal team with a solid defence to your dangerous driving charge. Suffering from any of these medical disorders means you have no control over your physical condition and your actions.

The Crown Prosecutor will not be able to prove you guilty of this offence as they cannot verify your required mental intent to commit the crime due to your pre-existing medical condition. It’s worth noting here that if you refuse to take your medication voluntarily for a pre-existing condition, this defence will not be available to you.

On the other hand, if you were found driving dangerously after taking drugs or alcohol unintentionally, then your criminal defence legal adviser can use it as a defence against your charge. For instance, if you drove your car recklessly after getting drunk at a bar unknowingly, the court might acquit you of your criminal charge if your legal counsellor can prove that your driving action was indeed affected by alcohol.

Slaferek Callihoo is a professional criminal defence law company based in Edmonton, Alberta. We help our clients defend various criminal cases in Edmonton and its surrounding areas. Visit our website to learn about our dedicated legal services or contact us for legal advice.

Preserve your rights, and
contact Darin H. Slaferek

Providing a dedicated focus on criminal law, practicing ethical, effective, and efficient solutions to serve the best interests of our clients.

780-906-9228

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