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What to do when accused of dangerous driving? Get advice from a criminal lawyer!
The offense of dangerous driving is a very common crime in Quebec. Thousands of people are injured in road accidents each year in the Belle Province, and reckless drivers add to this number.
Have you been arrested for a dangerous driving offense?
If this is the case, it is in your best interest to consult a criminal lawyer to defend you, and thus minimize the consequences of your action.
Heavy consequences are imposed on individuals found guilty of criminally dangerous conduct, ranging from license suspension to severe prison sentences.
JuriGo explains everything you need to know about the charge of dangerous driving, and offers to refer you to the right criminal lawyers for free!
What does the offense of dangerous driving consist of?
The offense of dangerous driving implies that an individual has driven a vehicle in a way that poses a danger to others. The definition of the offense is very encompassing, and can target situations of excessive speed, risky maneuvers or highly negligent behaviors.
The Criminal Code defines the offense of dangerous driving as follows!
Dangerous driving 320.13 (1) Anyone who drives a means of transport in a manner dangerous to the public, given the circumstances, commits an offense.
The offense is therefore quite broad, but the driving must be able to be classified as reckless and dangerous!
The assessment of danger is made by considering all the circumstances surrounding the offense. We can particularly think of the speed of the vehicle, risky overtaking, the state of the road, weather conditions and the presence of nearby traffic.
Two main elements must be proven for there to be effectively "dangerous driving"!
1) Control of the vehicle
To prove a dangerous driving offense, the driver must have had control of the vehicle at the time of the incident.
Having control of the vehicle means that the situation is not attributable to the state of physical or psychological health, and that it is indeed the driver, in full possession of his faculties, who was operating the vehicle.
2) The Danger of Driving
Not all forms of dangerous driving can be subject to criminal prosecution. It is necessary to prove a level of recklessness and negligence high enough to reach the criminal degree, and the proof of a danger to the public must be demonstrated.
Several factors must be considered in assessing "dangerous" driving!
Once again, it will be necessary to evaluate the facts specific to the situation in order to objectively determine if the level of negligence in driving is of a criminal type. We will particularly refer to the standard of the reasonable person placed in the same circumstances. And know that there is more than one type of dangerous driving under the Criminal Code!
The different dangerous driving offenses in Quebec!
Dangerous driving situations sometimes end without a victim, but this is definitely not always the case! Every year, pedestrians and drivers are injured or fatally struck during an incident of dangerous driving, and that's why the law provides for different offenses for such offenders.
The Criminal Code distinguishes 3 different forms of criminal offenses!
1) Dangerous driving
The dangerous driving offense provided for in section 320.13 of the Criminal Code applies when reckless driving has caused no victims. Only the act of having driven recklessly is blamed on the accused
2) Dangerous driving causing injury
When it comes to dangerous driving causing injury, it is an aggravated version of the offense that applies when a person has been injured by the driver's fault. Severe penalties apply when driving causes injuries!
3) Dangerous driving causing death
Obviously, this charge will be brought when the victim of the driver did not survive the accident. The reckless driver faces a life imprisonment sentence for such actions.
Whatever the charge of dangerous driving brought against you, serious imprisonment penalties threaten to be imposed.
Check them out right here, and see why the expertise of a lawyer is essential!
Table of penalties for a dangerous driving charge!
Dangerous driving is an offense that can lead to substantial fines, revocation of the driving license, and even, on the way to prison. However, to get there, several elements will have to be proven regarding the dangerousness of the driving.
Here are the penalties imposed on individuals found guilty of dangerous driving under the Criminal Code!
Offense
Imprisonment Sentence
Dangerous Driving
10 years imprisonment OR 2 years imprisonment (Summary Conviction)
Dangerous driving causing injury
$1000 fine 14 years imprisonment
Dangerous driving causing death
Life imprisonment
Recidivism can result in a minimum imprisonment sentence!
The Criminal Code indeed provides for a minimum sentence of 30 days imprisonment in the case of a second offence, and a minimum sentence of 120 days for a third offence. Recidivism therefore has a direct impact on the length of the sentence. Certain mitigating factors will be taken into account to determine the sentence!
As the Criminal Code does not provide for a minimum sentence for the offence of dangerous driving, the judge applies the principles of sentencing to decide the sentence. Mitigating factors such as low risk of recidivism, absence of criminal record and acknowledgment of guilt could be taken into account.
Apart from these criminal sanctions, the SAAQ can also penalize the driver's license!
In fact, the Highway Safety Code provides for a 1-year suspension of the license, which can be extended by the judge if the accused is found guilty of dangerous driving. The driving ban can therefore be for several years.
However, it is possible to obtain absolution for a dangerous driving offense!
Since the dangerous driving offense does not come with a minimum sentence, it is possible to obtain conditional or unconditional absolution and thus avoid the consequences of a criminal record. Obviously, such a request is not won in advance, and it is the role of your lawyer to plead in this sense!
What defenses to raise against a dangerous driving charge?
Targeted by a dangerous driving charge?
As with any offense, certain defenses can get you out of a deadlock! You just have to choose the right defense based on the facts that are blamed.
And it turns out that criminal lawyers are the best placed to choose the appropriate defense in matters of dangerous driving.
The defense of necessity
An emergency situation could justify the driver having performed risky and reckless maneuvers. However, there must be an imminent danger, a lack of reasonable alternative and a certain proportionality between the crime and the damage avoided.
The dangerousness of driving
It is possible to refute the prosecution's arguments about the dangerousness of driving. The defense could consist of minimizing the level of danger and the severity of the driver's maneuvers, thus dismissing the level of criminal negligence.
Incorrect identification of the driver
The credibility of the reported facts can also be used as a means of defense. It will be possible to refute the version of the facts concerning the driving, or even, to allege the incorrect identification of the driver by the witnesses or by the police officers.
The range of defense is wide in matters of dangerous driving, and the expertise of a criminal lawyer is essential to find the right approach.
Examples of dangerous driving situations!
The line can be thin between a great excess of speed, a risky maneuver and a criminal dangerous driving situation. JuriGo has therefore listed a few examples of real cases where drivers have been found guilty of dangerous driving.
Example of dangerous driving offense
The facts: A young motorcyclist is intercepted by the police while he is driving at a speed of 150 km/h on the highway. Instead of stopping, he tries to shake off the police officers by driving at high speed between the vehicles present on the highway. His reckless driving results in an accident that causes him serious injuries. The verdict: The driver pleads guilty to the charge in exchange for a shortened driving license suspension, that is, for a period of two years.
Example of dangerous driving offence causing death
The facts: In a residential area (maximum 50km/h), a motorist who sees the traffic light turn yellow decides to accelerate, reaching a speed nearly double the allowed limit. During his passage, he fatally strikes a toddler who was crossing the street. The verdict: The accused is found guilty of dangerous driving causing death, and is sentenced to 3 years in prison, along with a driving ban.
ATTENTION. Not all similar situations will result in a guilty verdict. This is just a selection of examples from recent case law! And what we need to remember is that all circumstances and all facts surrounding the conduct are taken into account.
Even two similar driving situations are not identical, and the slightest detail can tip the verdict in matters of dangerous driving.
Frequently asked questions about dangerous driving offenses
How to react when accused of dangerous driving?
Contact a criminal law specialist lawyer without delay! Criminal lawyers will be able to take charge of your case immediately, and will take care of defending your interests from the moment of arrest, and up to trial if necessary. Dangerous driving is a serious offense, and you need a lawyer.
Can you be subject to a civil lawsuit for dangerous driving?
No. In Quebec, car accidents and the physical injuries that result from them are covered by the Société de l’assurance automobile du Québec (SAAQ). As for property damage, it is private insurers who cover the damages. Therefore, it is not possible to take legal action against the driver in court.
Is it possible to negotiate a plea with the prosecution?
Absolutely! Lawyers are able to negotiate with prosecutors to reduce the severity of the charge, to get the charges dropped or even, to negotiate a guilty plea in exchange for a reduced sentence. In matters of dangerous driving, all these scenarios are possible.
Drunk driving and dangerous driving: are the consequences the same?
Although the consequences are similar in terms of license suspension, the offense of dangerous driving comes with more severe prison sentences. However, absolution is a possibility in cases of dangerous driving, but not when it comes to drunk driving .
Find a lawyer to defend you with JuriGo.ca!
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