Expert Legal Defence for Dangerous Driving Offences

At Mor Fisher LLP, we provide specialized legal defence for individuals charged with dangerous driving, as defined under Section 320.13 of the Canadian Criminal Code. Our team is adept at navigating these serious charges, which can vary greatly in severity depending on the outcomes of the driving behaviour.

Understanding Dangerous Driving Offences

Dangerous driving encompasses operating a conveyance in a way that is dangerous to the public. The law recognizes different levels of this offence based on the consequences of the driving:

• Basic Offence (Section 320.13(1)): Dangerous operation of a conveyance.
• Causing Bodily Harm (Section 320.13(2)): Dangerous driving resulting in bodily harm to another person.
• Causing Death (Section 320.13(3)): Dangerous driving resulting in the death of another person.

Dangerous driving requires that the Crown prove beyond a reasonable doubt that the accused drove in a manner representing a “marked departure” from the standard of what a reasonable person would do in the circumstances. In many cases, the Crown is not able to meet this high burden and a resolution to the lesser Highway Traffic Act charge of careless driving is more appropriate.

Penalties for Dangerous Driving

The penalties for dangerous driving offences are severe and increase with the gravity of the offence:

• Dangerous Operation (Section 320.19(5)):

  • On indictment: Imprisonment for up to 10 years.
  • On summary conviction: Imprisonment for up to two years less a day.

• Dangerous Operation Causing Bodily Harm (Section 320.2):

  • On indictment: Up to 14 years imprisonment.
  • On summary conviction: Up to two years less a day imprisonment.
  • Minimum penalties include fines and imprisonment, escalating with subsequent offences.

• Dangerous Operation Causing Death (Section 320.21):

  • On indictment: Imprisonment for life.
  • Minimum penalties include fines and imprisonment, escalating with subsequent offences.

Our Approach to Your Defence

Our legal strategy includes:

• Assessing Circumstances: We closely examine all circumstances of the alleged offence, including the manner of driving and environmental factors.
• Challenging Evidence: We rigorously scrutinize the evidence presented against you, questioning its accuracy and relevance.
• Negotiating with the Crown: Where possible, we negotiate for reduced charges or alternative resolutions.

Schedule a Legal Consultation

Facing dangerous driving charges requires skilled legal representation. Contact Mor Fisher LLP for a confidential consultation to discuss your case and explore your legal options.