Dangerous driving is a serious criminal offence under Canadian law, and in Toronto, convictions for this charge can have lasting consequences. It goes beyond a minor traffic violation—dangerous driving is treated as a crime that can result in fines, a criminal record, licence suspension, and even jail time. Because of these risks, anyone charged should immediately consider speaking with a dangerous driving lawyer in Toronto. A skilled lawyer can help protect your rights, build a strong defence, and work toward the best possible outcome in your case.
What Is Dangerous Driving?
The offence of dangerous driving is defined under section 320.13 of the Criminal Code. It occurs when a person operates a motor vehicle in a manner that is dangerous to the public, considering all circumstances. This includes the nature of the road, traffic conditions, and the presence of other people.
Examples of behaviours that may lead to dangerous driving charges include:
- Excessive speeding in heavy traffic
- Aggressive maneuvers such as weaving in and out of lanes
- Driving while distracted by a phone or other device
- Running red lights or ignoring stop signs
- Operating a vehicle while impaired by drugs or alcohol
What makes dangerous driving different from careless driving, which is a provincial offence, is the criminal nature of the charge. Dangerous driving reflects behaviour that demonstrates a marked departure from what a reasonable driver would do in the same situation.
Penalties for Dangerous Driving in Toronto
The penalties for a dangerous driving conviction are severe and vary depending on the circumstances:
- First offence without bodily harm or death: Up to 10 years in prison if prosecuted by indictment, or up to 2 years less a day on summary conviction.
- With bodily harm: A maximum of 14 years in prison.
- With death: A maximum of life imprisonment.
In addition to imprisonment, penalties may include:
- A mandatory driving prohibition ranging from one year to a lifetime ban, depending on the offence.
- A permanent criminal record that can affect employment, travel, and immigration status.
- Increased insurance premiums or outright denial of insurance coverage.
These penalties underline why it is crucial to consult with a dangerous driving lawyer in Toronto if you are facing charges.
How a Dangerous Driving Lawyer Can Help
Defending against a dangerous driving charge requires a careful analysis of the facts, the evidence, and how the law applies to the situation. An experienced lawyer can help in several ways:
- Challenging the evidence: Police testimony, dash cam footage, or witness statements may not accurately reflect what happened. A lawyer can challenge their reliability and credibility.
- Arguing lack of intent: Dangerous driving does not require intent, but the Crown must show that the conduct was a marked departure from reasonable driving. A lawyer may argue that the actions, while negligent, did not meet this threshold.
- Exploring alternative explanations: Medical emergencies, mechanical failures, or road hazards may explain the conduct and reduce culpability.
- Negotiating with the Crown: In some cases, a lawyer can negotiate to have charges reduced to careless driving, avoiding a criminal record.
- Protecting your rights: From ensuring police followed proper procedures to challenging unlawful evidence, a lawyer’s role is to safeguard your legal rights throughout the process.
Dangerous Driving vs. Careless Driving in Ontario
It is important to distinguish dangerous driving from careless driving. Careless driving is an offence under the Ontario Highway Traffic Act and typically results in fines, demerit points, or licence suspension. Dangerous driving, however, is a criminal charge under the Criminal Code. The difference lies in the seriousness of the conduct and the potential harm caused.
A lawyer may sometimes argue that the behaviour in question amounted to careless driving rather than dangerous driving, seeking to reduce the charge to avoid a criminal record.
Defences to Dangerous Driving Charges
Every case is unique, but common defences to dangerous driving charges in Toronto include:
- Challenging the standard of proof: The Crown must prove beyond a reasonable doubt that the driving was dangerous. If there is ambiguity, the accused should be acquitted.
- Mechanical issues: A sudden brake failure or steering problem may explain the alleged dangerous behaviour.
- Medical emergencies: If a driver lost control due to a medical event, this could serve as a defence.
- Errors in police procedure: Unlawful stops, improper evidence collection, or Charter violations can undermine the Crown’s case.
Why You Need a Toronto-Based Lawyer
Toronto is a large and complex jurisdiction, with busy roads, frequent traffic enforcement, and strict prosecution policies. A dangerous driving lawyer in Toronto understands the local courts, judges, and Crown attorneys, as well as the strategies that are most effective in this region. Local experience can make a meaningful difference in the outcome of your case.
What To Do If You Are Charged with Dangerous Driving
If you are charged, it is important to take the matter seriously from the very beginning:
- Do not provide statements to police without legal advice.
- Gather any evidence, such as dash cam recordings, that may support your version of events.
- Contact a lawyer immediately to begin building your defence.
Acting quickly can help preserve evidence, secure witnesses, and give your lawyer more options for defending you.
Contact Us for a Free Consultation
If you are facing a dangerous driving charge in Toronto, the stakes are high. A conviction can impact your freedom, your driving privileges, and your future opportunities. Contact us now to schedule a free, confidential consultation with De Boyrie Law.
Alex is a dedicated criminal defence lawyer serving Toronto and the GTA. He has experience handling a wide range of charges including bail hearings, assault, sexual offences, drug crimes, firearms, impaired driving, and more. Known for his professionalism, availability, and strong advocacy, Alex takes pride in guiding each client with care and consistency. If you’ve been charged with a criminal offence, we offer a free consultation so you can explore your legal options with no financial risk.
