Dangerous Driving Lawyer Toronto

Toronto Criminal Defence Lawyers Representing Clients Facing Dangerous Driving Charges

Dangerous driving is a criminal offence that goes beyond typical traffic violations and a conviction can result in mandatory fines, license suspension and even jail time. Consulting with a criminal defence lawyer can help you understand the legal process and protect your rights.

What is Dangerous Driving?

Dangerous driving (Dangerous Operation under the Criminal Code) involves operating a vehicle in a manner that poses a risk to the safety of others. Actions such as excessive speeding, aggressive driving, and impaired driving may fall under the umbrella of dangerous operation.

How Is “Dangerous” Established?

To be charged with dangerous operation, certain legal elements must be present, including:

• Proof that the accused operated the vehicle in a manner that was a “marked departure” from the standard of care expected of a reasonable driver
• Proof that the driving posed a real and imminent danger to the public and others

Penalties for Dangerous Driving

The offence of dangerous operation on its own does not have any mandatory minimum penalties under the Criminal Code of Canada. A summary conviction for dangerous driving can result in a maximum fine of $5000, a two-year prison sentence, or both. If the Crown proceeds by indictment for dangerous driving, the penalty can be up to 10 years in prison.

While there is no mandatory driving prohibition under the Criminal Code for dangerous operation (on its own), there are often mandatory suspensions under highway traffic legislation with the provinces and territories. For example, in Ontario, if convicted (or even discharged) of dangerous operation, the license of the accused is suspended for one year under section 41 of the Highway Traffic Act for a first offence.

If the accused is convicted of one of the aggravated forms of dangerous operation – dangerous operation causing bodily harm or causing death – then there are mandatory minimum penalties.

For summary convictions, if the offence caused bodily harm, the penalties can result in a $5000 fine, 2 years in prison or both. Indictments of dangerous driving causing bodily harm, can carry a maximum punishment of 14 years in prison.

Additionally, there are mandatory minimum penalties for the aggravated forms of dangerous driving, depending on the number of convictions on the record of the accused:

• First offence: mandatory minimum fine of $1000
• Second offence: mandatory minimum 30-day prison sentence
• Each subsequent offence: mandatory minimum 120 day prison sentence

If the dangerous operation offence resulted in death, there is a maximum punishment of life in prison.

The Importance of Seeking Legal Counsel

If you or someone you know is facing dangerous driving charges, it is crucial to seek legal counsel promptly. DSF’s experienced criminal defence lawyers can provide guidance, evaluate the evidence against you, and develop a strategic defense tailored to your specific case.

We offer multiple convenient locations in Toronto, Whitby, Barrie and more to serve our clients better. To begin your initial consultation and find the right criminal lawyer, please contact us at (416) 449-1400.