Criminal Driving Lawyers Calgary
If you are facing criminal driving charges, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.
Criminal driving offences in Canada can be found in sections 320.13 to 320.18 of the Criminal Code. The main driving-related crimes include dangerous driving, impaired driving, failing to stop after an accident, and flight from police.
These offences can be prosecuted either as summary offences (less serious) or as indictable offences (more serious), depending on the circumstances.
Dangerous driving, found in section 320.13, is when someone operates a vehicle in a way that is dangerous to the public. As a summary offence, it can result in up to two years in jail and/or a fine. As an indictable offence, it carries a maximum penalty of 10 years in prison, or life imprisonment if it caused a death.
Impaired driving, under section 320.14, happens when someone operates a vehicle while their ability is impaired by alcohol or drugs. For a first offence, there is a mandatory minimum fine of $1,000. Second offences carry a mandatory minimum of 30 days in jail. After second offences, there is a minimum 120 days in jail. The maximum penalties are the same as dangerous driving.
Additionally, these criminal driving offences often result in driving prohibitions and requirements to complete driver education programs.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of criminal driving beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Calgary criminal driving lawyer today by calling (403) 719-6410.
Key Takeaways
- Criminal driving charges are very serious and can result in a criminal record that affects travel, employment, and immigration status
- Maximum penalties can include:
- Up to 10 years in prison for dangerous driving
- Life imprisonment if death results
- Minimum $1,000 fine for first-time impaired driving
- Mandatory jail time for repeat offenders
- Common bail conditions include:
- Not driving any motor vehicle
- Not consuming alcohol or drugs
- Surrendering driver’s license
- Regular reporting to police
- These charges can be defended successfully with proper legal representation by:
- Challenging police procedures
- Questioning breath test accuracy
- Proving reasonable doubt
- Negotiating alternative resolutions
- Early legal advice is crucial to protect your rights and explore all defence options for criminal driving charges in Calgary
How can a criminal driving lawyer in Calgary help?
Strategic Criminal Defence’s team of criminal driving lawyers in Calgary can provide crucial help throughout a case, starting from the moment someone is suspected of an offence. They can offer pre-charge legal advice, helping an accused understand their rights and guiding them on how to interact with police.
Our team will protect an accused’s interests by managing all communications with law enforcement and prosecutors. In driving-related cases, our lawyers can gather important evidence such as surveillance footage, police dash-cam videos, and maintenance records for breath testing equipment. When necessary, they can retain expert witnesses like toxicologists or accident reconstruction specialists to challenge the Crown’s evidence.
Our criminal driving lawyers understand the complex court process and can navigate various legal procedures, including bail hearings, disclosure requests, and Charter applications. They can identify technical defences, challenge the admissibility of evidence, and negotiate with prosecutors for reduced charges or alternative resolutions. During trial, our lawyers present defences, cross-examine police witnesses, and argue legal points to protect an accused’s rights and achieve the best possible outcome.
Investigation of Criminal Driving Charges in Calgary
When Calgary police investigate criminal driving offences, they follow specific procedures depending on the type of incident.
- For impaired driving, officers start by observing driving patterns that suggest impairment, such as weaving between lanes or unusual speed changes. They then conduct roadside sobriety tests and may use approved screening devices to measure blood alcohol levels.
- For dangerous driving investigations, Calgary police gather evidence from multiple sources. They collect witness statements, review traffic camera footage, and document road conditions, weather, and vehicle damage. Officers also examine skid marks, debris patterns, and may use accident reconstruction experts for serious cases.
- In hit and run investigations, Calgary police work quickly to gather security camera footage from nearby buildings, take photographs of the scene, and collect any parts left behind from the vehicles involved. They often interview witnesses and canvas the area for additional information.
- For all driving-related charges, Calgary police secure physical evidence like dash cam footage, create detailed incident reports, and may seize vehicles for further investigation. They also check the driver’s history, license status, and whether there are any previous driving-related offences.
Examples of Criminal Driving Charges
Here are some real-world examples of what can lead to criminal driving charges in Calgary:
- Impaired Driving: Operating a vehicle while under the influence of alcohol or drugs. This includes driving with a blood alcohol level over 0.08% or being impaired by legal or illegal drugs.
- Dangerous Driving: Operating a vehicle in a way that puts others at risk, such as excessive speeding, racing, aggressive driving, or reckless behaviour behind the wheel.
- Hit and Run: Leaving the scene of an accident without stopping to help injured people or exchange information with other drivers involved. This is also called “failure to remain at the scene of an accident.”
- Driving While Prohibited: Operating a vehicle while your license is suspended or when you are legally banned (prohibited) from driving. This can happen after previous driving offences or court orders. If you’re facing driving while prohibited charges, it’s essential to seek legal representation immediately.
Penalties for Criminal Driving Charges in Calgary
Criminal driving charges in Calgary are typically treated as hybrid offences, which means the Crown prosecutor can choose to proceed either by summary conviction (less serious) or by indictment (more serious), depending on the circumstances of the case.
For impaired driving or dangerous driving, the penalties can be severe. If treated as a summary offence, a first-time offender faces a minimum fine of $1,000 and can receive up to two years in jail. When prosecuted as an indictable offence, the consequences become much more serious, with maximum jail sentences of up to 10 years for dangerous driving and up to life imprisonment for impaired driving causing death.
The fines can vary greatly depending on the severity of the offence. While the minimum fine is $1,000, courts can impose much higher amounts, sometimes reaching tens of thousands of dollars for serious cases. These fines are often accompanied by additional costs such as increased insurance rates and mandatory education programs.
These penalties become more severe for repeat offenders. A second offence typically carries a minimum 30-day jail sentence, while a third offence requires at least 120 days in jail. The court may also impose driving prohibitions that can last several years or even life, depending on the offence and the offender’s history.
Beyond the immediate legal consequences, a criminal driving conviction can seriously impact employment opportunities, travel abilities, and insurance rates for many years after the offence.
Bail Conditions for Criminal driving Charges
When someone is charged with a criminal driving offence, they may be released on bail with specific conditions they must follow until their court date. These conditions vary depending on the severity of the offence and the accused person’s history.
For impaired driving charges, common bail conditions can include:
- Complete prohibition from driving any motor vehicle
- Surrender of driver’s license to police or court
- Agreement not to consume alcohol or drugs
- Possible requirement to use an ignition interlock device if driving is permitted for work
- Regular check-ins with a bail supervisor
In dangerous driving cases, bail conditions might include:
- Driving restrictions (like no driving during certain hours or on certain roads)
- Speed limitations
- Requirement to take a driver safety course
For hit and run charges, typical conditions often involve:
- Driving ban or strict limitations
- Requirement to report any vehicle accidents immediately
- Maintaining proper insurance coverage
More serious cases involving injury or death usually have stricter conditions such as:
- Complete driving prohibition
- House arrest or curfew
- No contact orders with victims or their families
- Travel restrictions
- Regular reporting to police
Breaching any bail conditions can result in additional criminal charges and immediate arrest.
Defending Criminal Driving Charges in Calgary
When facing criminal driving charges in Calgary, there are several legal defences that might be available depending on your specific situation. While each case is unique, having a strong defence strategy can help reduce charges or even lead to dismissal. Here are some common defences used for different types of criminal driving charges:
- Impaired Driving Defence – Charter Rights Violation: If police officers failed to follow proper procedures during your arrest, your Charter rights might have been violated. This could include not reading your rights properly, denying your right to contact a lawyer, or conducting an illegal search of your vehicle. If the court finds that your rights were violated, evidence gathered during the arrest might be thrown out, potentially leading to dismissed charges.
- Dangerous Driving Defence – Necessity or Emergency: Sometimes dangerous driving might be justified by emergency circumstances. For example, if you were speeding or driving erratically to get someone to a hospital during a medical emergency, this could serve as a valid defence. You would need to prove that your actions were reasonable given the circumstances and that the emergency situation required immediate action.
- Hit and Run Defence – Lack of Knowledge: A valid defence for leaving the scene of an accident could be that you genuinely did not know an accident occurred. This might apply in cases where contact between vehicles was so minor that a reasonable person would not have noticed it, or in poor weather conditions that affected visibility. You must prove that you had no awareness of the collision at the time it happened. This defence requires supporting evidence such as weather reports, vehicle damage assessments, or witness statements.
- Identification Defence: In cases where the police did not immediately stop the vehicle, they must prove beyond reasonable doubt that you were the driver at the time of the offence. This defence challenges the Crown’s ability to properly identify you as the driver, particularly in cases with time gaps between the incident and arrest. Surveillance footage, witness statements, and timeline analysis can be crucial in supporting this defence.
Frequently Asked Questions
Will I lose my license immediately after being charged?
In most cases, yes. For impaired driving charges, there is typically an immediate roadside suspension. For other criminal driving charges, your license status depends on the severity of the offence and your driving history. Some charges result in automatic suspensions, while others may allow you to keep driving until your court date.
How long will this stay on my criminal record?
Criminal driving convictions stay on your criminal record indefinitely unless you apply for a record suspension (formerly called a pardon). You can usually apply for a record suspension 10 years after completing your sentence for indictable offences, or 5 years for summary offences.
Can I travel to the United States with a criminal driving charge?
A criminal driving charge can make it difficult or impossible to enter the United States. Even if you have not been convicted yet, just being charged can cause problems at the border. If convicted, you will likely need a special waiver to enter the U.S. Some convictions may permanently bar you from entering the U.S. unless you obtain a waiver. It is important to consult with our team before attempting to cross the border.
How will this affect my insurance rates?
A criminal driving conviction usually leads to significantly higher insurance rates. Some convictions might make it nearly impossible to find affordable insurance.
Do I need a lawyer for a criminal driving charge?
Yes, it is strongly recommended to hire a lawyer from Strategic Criminal Defence for any criminal driving charge. These charges are complex and can have serious, long-lasting consequences. Our team can help protect your rights, identify possible defences, negotiate with prosecutors, and potentially reduce your penalties.
What’s Next?
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a Calgary criminal driving lawyer at the firm today by calling (403) 719-6410.
