What are the best defences to a dangerous driving charge?

By Last Updated: July 26, 2022

What are the best defences to a dangerous driving chargeThe best defence to your dangerous driving charge will depend heavily on the unique circumstances of the offence. To find out the best defence to your charges, you should contact one of our criminal defence lawyers as soon as possible. We will fully review your case and will provide you with an opinion as to how we can best defend your dangerous driving charge.

One common way to defend a dangerous driving charge is to argue that your actions were the result of momentary negligence. Because holding a person criminally liable for dangerous driving is a very serious matter, the Supreme Court of Canada has determined that a few seconds of negligent, accidental or unintentional driving is simply not enough for a person to be guilty of this offence. If your actions were the result of momentary negligence, you may be able to avoid a criminal conviction for this offence.

Unexpected medical impairments, such as seizures, hallucinations, or blackouts, may also provide a defence to a dangerous driving charge. If you suffer from any of these medical conditions, you will not have the mental intent required to be found guilty of the offence as you had no control over your physical state and your actions. This defence would not be available if the impairment was a result of the driver’s voluntary decision not to take medication for a pre-existing condition. However, if you drove dangerously because you involuntarily or unintentionally consumed alcohol or drugs, then you may have a defence to dangerous driving. For example, if you drive dangerously after you were unknowingly drugged at a bar, you may be acquitted if you can prove that your driving was affected by the drugs.

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Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

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