Dangerous vs Careless

Dangerous driving charges – the crown attorney must prove to the court that:

• driving action was dangerous
• accused had the intent to commit the driving action,
• driving action took place in a location where the public was available.
• accused was driving a motor vehicle as defined by the Criminal Code of Canada.

In a dangerous driving charge the police have to prove intent.

The prosecution has to prove that the driver planned on doing the dangerous driving, that they had the intent to commit the offence.  Then they must prove that the public was around or in the area of the dangerous driving and that the act itself was dangerous.

In careless driving charges the provincial prosecutor must prove to the court that;

• offence took place on a roadway in Ontario
• prosecution does not have to prove any intent.
• prosecution has to prove that the driving was careless or that the driver drove without reasonable consideration to other drivers.
• defendant was driving a vehicle as defined by the Highway Traffic Act of Ontario.

In a careless driving charge the prosecution does not have to prove that the driver planned or had an intent to commit the bad driving.

Usually careless driving charges are a result of an accident where the driver made a driving error.

As dangerous driving is a criminal charge the penalties can be severe and devastating to most drivers.

The penalty for dangerous driving can include:

• jail
• criminal Record for life
• fines imposed by the judge
• mandatory licence suspension for one (1) year
• probation or other terms imposed by the court
• high insurance rates for five (5) years

Careless driving the penalties are:

• six (6) demerit points
• fine between five hundred (500) and two thousand five hundred (2500) dollars
• possible 6 month licence suspension
• judge can order a period of jail (not usually given)
• high insurance rates for three (3) years

Persons found guilty of Careless Driving do not receive a criminal record as it is a provincial traffic ticket, not a criminal charge.

As with all cases the first step is to listen to you and hear what happened.  Then we analyze what happened to determine “do the circumstances fit the allegation”, and then what are the defences that may apply to your situation.

Many times as a criminal lawyers we can have a dangerous driving charge reduced to careless driving. We attempt this outcome only after all avenues to have the dangerous driving charge dismissed completely have been investigated.

The resolution for the dangerous driving charge being reduced to careless driving is usually a good outcome for the driver as there is no criminal record associated with careless driving and no mandatory drivers licence suspension.

Contact us to discuss your case free of charge we have years of experience defending dangerous driving charges and we can help you.

You’re not guilty unless a judge says you are, not the police or the crown attorney.

It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal lawyer.

As a criminal defence lawyer I have years of experience helping people accused of criminal charges and I can help you.

Together with my team of criminal lawyers we have been able to help thousands of people looking to be properly represented in criminal court.

Knowing the court system, the crown attorney’s, police and judges and having them know you can have dramatic implications. Experience does count in criminal defence.

Call 416-731-7113 to discuss your criminal defence today.