The term reckless driving in Canada is used for several types of traffic offences such as stunt driving, dangerous driving, and careless driving.
In Ontario, there is no legal definition for reckless driving so it can be used for any of these violations.
Reckless driving can be applied to driving without due care or consideration for others, aggressive driving, or even texting while driving. It can also refer to speeding or stunt driving which is, under Ontario’s Highway Act, heavy braking to cause another vehicle to stop.
Reckless driving can also refer to driving a vehicle in a dangerous manner- a criminal offence called dangerous driving.
When a person is charged with reckless driving in Ontario, the penalty is based on whether the charges are under the Highway Traffic Act of the Criminal Code of Canada. These charges can lead to serious consequences that could have impact your life and career negatively.
When facing charges of dangerous and reckless driving, the first thing to do is to find a criminal lawyer to defend you.
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Careless Driving & Reckless Driving: What is the difference?
Reckless driving in Ontario is a more serious offence than careless driving. It refers to actions done intentionally that put other people at serious risk.
Careless drivingis a provincial violation of the Highway Traffic Act that can result in a suspended licence, fines, or jail time.
On the other hand, reckless driving is a criminal offence that refers to deliberate actions with a disregard for the safety of others and the law. It is also described as a wanton disregard for safety and human life.
Offences that are considered reckless driving include:
- Driving at excessive speed;
- Driving under the influence or DUI;
- Distracted driving;
- Ignoring traffic signals;
- Aggressive driving;
- Intentionally running a red light;
- Driving with mechanical issues;
- Failure to yield;
- Neglect of vehicle maintenance.
The Significance of Intent
The huge difference between careless and reckless driving comes down to intent. While careless driving refers to a disregard for laws, reckless driving shows intent to operate a vehicle in a manner that could injure or kill others.
A criminal defense lawyer in Ontario can help you to understand the charges against you and advise you of the proper steps to your defence.
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The Impact of Reckless Driving on Your Insurance
A lot of people who face charges of reckless driving also worry about their car insurance. Whether you get charged with careless driving or dangerous driving, your insurance premiums will be affected drastically.
Your insurance premiums may stay the same during the suspension period but they will increase dramatically one you regain the right to drive. Charges are visible to insurance companies for 3 years after a driving incident at which time you may be classified as a high-risk driver.
Expect an increase of 100% or more on your insurance premiums. In serious cases, an insurer could refuse to renew your policy while other insurance companies may decline to provide you with insurance coverage.
What to do when charged with Reckless or Dangerous Driving
If you are charged with reckless driving in Ontario, certain scenarios can happen based on the severity of your violation.
For simple traffic incidents, you may be asked to pay a ticket without needing to go to court. This option, of course, sounds like the simplest penalty. Remember, though, that paying the ticket means you are admitting your guilt. This can have immediate consequences on your driving record and insurance rates.
Did you know that you can also choose to fight the charges by choosing Option 3 on the traffic ticket? You need to submit it to the court within 15 days of the incident. You will then receive a Notice of Trial specifying the date and time you must appear in Court.
In case of more serious offences, a summons is sent to the accused specifying the day and time to appear in court to answer the charges. For stunt driving or dangerous driving, you will be asked to surrender your driver’s licence. Your driver’s licence will be suspended for 30 days (for stunt driving) or 90 days (for dangerous driving).
It is always a good idea to get legal counsel for a traffic ticket or a court summons. An experienced lawyer is the best ally by your side. He will work hard to get the charges of reckless driving reduced or dismissed.
The Types of Dangerous Driving Offences
Police officers have the discretion to determine if a driver is driving in a manner that can be legally referred to as “dangerous” driving. This means that a driver’s actions were unreasonable and posed a serious risk to the safety of others. A driver can be charged with dangerous driving even if he did not cause an accident.
The Crown prosecutor must prove that the accused willfully drove in a dangerous manner and that his driving endangered the public. He will need to show that a reasonable driver would not have acted in this way under the same circumstances.
Under Section 320.13 of the Criminal Code of Canada, 3 types of dangerous driving are described:
- Dangerous Operation;
- Dangerous Operation Causing Bodily Harm; and
- Dangerous Operation Causing Death.
The consequences to these charges are serious and can dramatically affect your future.
Penalties of Reckless and Dangerous Driving in Ontario
The penalties for reckless driving in Ontario includes:
- Careless driving without bodily harm can result in a fine of up to $2,000, 6 months’ imprisonment, or both, and suspension of driver’s license for a maximum of 2 years.
- Careless driving with bodily harm or death can result in a fine of up to $50,000, up to 2 years’ imprisonment, and suspension of driver’s license for up to 5 years.
- Stunt driving can result in a $10,000 fine, 6 month’s imprisonment, and suspension of driver’s licence for 1 year to indefinitely if it is a 3rd conviction.
- Dangerous driving can result in imprisonment of up to 10 years if no bodily harm was caused or up to 14 years if a victim was injured or a life sentence if a victim died.
As you can see, the penalties for a conviction for reckless and dangerous driving in Ontario can be severe, especially if you are charged under the Criminal Code of Canada.
You will have a criminal record if convicted of these charges. If found guilty of dangerous driving without injury or death, you can be banned from driving on top of having a criminal record. The maximum period of the driving ban depends on the jail time imposed.
Find out your best options and beat the charges against you by contacting an experienced criminal lawyer today! Connect with our partner lawyers in your area by using our free online form.
What other consequences can result from a dangerous driving conviction?
Besides imprisonment, a criminal record, and driving prohibition, other consequences are:
- Inability to travel to other countries, especially the United States;
- Difficulty in obtaining employment;
- Inability to join a regulatory body or practice a regulated profession;
- Effect on present and future court proceedings.
As you can see, life can be very restricted and difficult if you are convicted of reckless or dangerous driving.
Make sure to find a criminal defence lawyer in Ontario to plan your defence as soon as possible to avoid severe penalties.
Just fill out the short online form on this page, free of charge, to get your life back on track and protect your freedom.
What are the best defences against Dangerous Driving charges?
It is not impossible to fight charges of Dangerous Driving in Ontario. However, you must ask a good defence lawyer to evaluate the circumstances of your case and plan the best approach.
Some of the best defences include a medical episode which caused you to involuntarily drive in an unsafe manner. Examples are seizures, hallucinations, blackouts, etc.
An experienced criminal defence lawyer is the best person to advise you on the right defence strategy that could get the charges reduced or dismissed.
How much does a criminal lawyer charge for dangerous driving cases?
A criminal defence lawyer in Ontario can potentially charge from $5,000 to $40,000 for a dangerous driving case.
The legal fees can vary from one lawyer to another. It depends on the complexity of the case, the reputation and track record of the lawyer, and other factors. Complex cases that take longer to resolve can increase legal fees.
More experienced lawyers with a high success rate will charge more. While some lawyers charge hourly rates of $250 to $500, other lawyers may offer flat rates. Please keep in mind that lawyers have different rates. Thus, it is advisable to compare and ask questions before you hire your lawyer.
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Find the best lawyer for charges of dangerous or reckless driving
There are many lawyers practicing criminal law in your area. Not all of them would suit you.
You need a lawyer who can gain your trust and confidence, plan the best defence, give you guidance and valuable legal advice, and charge the right price for his legal services.
To find the right lawyer, you must take the time to compare several lawyers by considering their experience, track record, working style, and naturally, their asking price.
It is not difficult to compare multiple lawyers. Because you are facing serious charges, you cannot lose any precious time. All you need to do is to fill out our FREE online form to receive quotes from our lawyer partners.
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