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A split-second decision behind the wheel can lead to a serious criminal charge. Contacting a dangerous driving lawyer as early as possible gives you the strongest position to respond to the allegations.
Igor Vilkhov is the founder and principal lawyer of Vilkhov Law Professional Corporation. A graduate of the University of Windsor Law School, Igor practises criminal defence in Toronto and throughout the Greater Toronto Area.
In dangerous driving cases, Igor examines the driving evidence in context, including police observations, collision evidence, witness accounts and any available video or technical evidence. The defence must consider not only whether the driving was objectively dangerous, but whether the Crown can establish the level of fault required for a criminal conviction.
Benson (“Ben”) Wilson is a criminal defence lawyer at Vilkhov Law whose practice focuses exclusively on criminal defence. He earned his J.D. from the University of Ottawa after studying Global and International Studies at Carleton University.
Ben represents accused persons throughout the criminal process, including bail, disclosure review, resolution discussions and trial preparation. In dangerous driving cases, careful review of the circumstances surrounding the alleged driving and the Crown's evidence can be critical to determining whether the criminal standard is actually met.
Dangerous driving, known in law as “dangerous operation,” is defined under section 320.13 of the Criminal Code of Canada. There are three distinct offences:
The Crown does not need to prove that anyone was actually put at risk. It is enough to show that the driving was dangerous to the public in the circumstances that existed.
Examples include driving at excessive speed in poor visibility, aggressive driving such as tailgating, driving where you should not be, such as on a sidewalk or the wrong side of the road, and driving in a way that causes bodily harm or death.
Under section 320.11 of the Criminal Code, a conveyance includes a motor vehicle, a vessel, an aircraft, or railway equipment.
Experienced Toronto defence lawyers can fight your criminal charges.
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Dangerous driving is a criminal offence under the Criminal Code, while careless driving is a provincial offence under Ontario's Highway Traffic Act. A careless driving ticket does not result in a criminal record. Careless driving requires only a lack of care or attention, such as failing to stop at a red light, while dangerous driving requires a marked departure from the standard of a reasonably prudent driver.
The focus is on the risk your driving created, not on the actual consequences that followed.
You will typically be stopped and then released directly by police. If a serious accident, injury, or death occurred, you may instead be held for a bail hearing, which must take place within 24 hours of arrest or as soon as possible thereafter.
Everyone has a constitutional right to reasonable bail. If the Crown opposes release, it must show cause, addressing whether you are a flight risk, whether you pose a risk to public safety, or whether detention is necessary to maintain confidence in the administration of justice. Under the ladder principle, reaffirmed in R. v. Antic, 2017 SCC 27, the least restrictive conditions must be imposed unless the Crown shows they are not appropriate. Experienced bail counsel can hold the Crown to that standard. With driving offences, a driving prohibition may also be imposed as part of your release conditions.
Your lawyer will request full disclosure of the Crown's evidence and can begin negotiating with the Crown during a Crown pre-trial (CPT), which can serve as a springboard to resolving the matter without a full trial. A judicial pre-trial (JPT) may follow. If you caused death, or if the Crown proceeds by indictment and the matter goes to trial, you will be asked to elect your mode of trial and, given the seriousness of the potential sentence, you are entitled to a preliminary inquiry.
| Charge | Summary Conviction | Indictment |
|---|---|---|
| Dangerous operation (standard) | Up to 2 years less a day and/or a $5,000 fine | Up to 10 years |
| Dangerous operation causing bodily harm | Not available | Up to 14 years |
| Dangerous operation causing death | Not available | Life imprisonment |
A conviction can also result in a driving prohibition, in addition to any custodial sentence or fine.
Being charged with a criminal offence such as dangerous driving is a stressful experience that can affect your daily life and livelihood. A dangerous driving lawyer can:
A driving prohibition is a common consequence of a dangerous driving conviction, and your licence can also be affected at earlier stages, including as a bail condition. The length of any prohibition depends on the specific facts and whether this is a prior offence.
Speed alone is rarely enough. The Crown must show a marked departure from how a reasonably prudent driver would behave in the circumstances, which usually involves more than simply exceeding the speed limit.
Criminal negligence causing death requires a marked and substantial departure from the standard of care, a higher threshold than the marked departure required for dangerous driving. The two offences can sometimes be charged in relation to the same incident, with the Crown electing which to pursue.
In some cases, depending on the strength of the evidence, it may be possible to resolve a dangerous driving charge as a lesser provincial offence such as careless driving, which does not carry a criminal record. This depends entirely on the facts of the case.
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