Dangerous Driving Lawyers in Toronto
Dangerous driving is one of several criminal driving charges that can be filed against drivers in Toronto. Dangerous driving is different from charges under the Highway Traffic Act of Ontario (e.g. careless driving) because with a criminal driving charge, the Toronto Police Service will take your photograph and fingerprints and you will have a police file. A conviction for dangerous driving may result in a criminal record, whereas convictions under the Highway Traffic Act will only appear on your Driver’s Abstract.
The Ontario justice system is staunchly committed to reducing the number of accidents on the roads and takes incidents of dangerous driving very seriously.
The relevant provisions for dangerous driving in the Canadian Criminal Code are:
Dangerous operation
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
Operation causing bodily harm
(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
Operation causing death
(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
In order to convict you of dangerous driving, the Crown must prove the following elements of the offence beyond a reasonable doubt:
- You were operating a motor vehicle, seagoing vessel, aircraft or railway equipment;
- The manner in which you operated the vehicle was dangerous to the public, considering the condition, nature or use of the place in question; and
- The conduct was a marked departure from the standard of care exercised by a reasonably prudent driver. The Crown need not prove that you intended to drive dangerously, meaning that the threshold of proof is lower, making it easier to convict.
The occurrence of an injury or fatality is not enough to make or break a dangerous driving charge. If no one was harmed in the incident, a dangerous driving charge may still be filed if the Prosecutor can prove that members of the public were endangered by your actions. Conversely, a motor vehicle accident is not enough, in itself, to prove dangerous driving.
Investigation of Dangerous Driving Charges in Toronto
A dangerous driving investigation is usually initiated at a routine police stop, the scene of an accident, after a driver is pulled over or pursued, or following a report or complaint from an alleged witness or victim.
In their investigation, the police will likely consult surveillance camera footage as well as written statements from the alleged complainant and witnesses. If they believe you are the perpetrator, they will arrest you, whether at the scene of an accident or later.
The Toronto Police Service takes driving offences seriously. They are equipped with the largest team of law enforcement officers in Canada to maintain traffic safety in the city. In fact, the Toronto Police is one of the largest municipal forces in North America, with 16 divisions of 5,500 officers.
Bail Process and Conditions
How do I get myself or a loved one out on bail for dangerous driving charges in Toronto?
For most dangerous driving charges, the police will release you with paperwork to attend court and obtain fingerprinting, and a formal bail hearing will not be necessary.
Where more serious circumstances are involved, such as with repeat offenders or where an accident resulted in the death of another person, a formal bail hearing may be necessary to secure your release.
In order to conduct a bail hearing, you will be taken to the Toronto Police Service Division that is responsible for the alleged crime. The bail hearing must be held within 24 hours, a period that starts from the moment of arrest or detention rather than the time when you are brought into the Division.
The phone number for each division is 416-808-[Division Number – 00], so for example, the number for 52 Division is 416-808-5200. The addresses for each Division of the Toronto Police Service can be found here.
Penalties for Dangerous Driving Charges in Toronto
Punishments for a conviction for dangerous driving depend on a range of factors, and can include both criminal penalties imposed by the Toronto court system as well as a driving suspension.
Dangerous driving is treated as a hybrid offence in Canada. This means that the Crown can choose to prosecute you summarily or by way of indictment. Your punishment will vary depending on how the Crown chooses to proceed.
For a dangerous driving charge, either alone or accompanied by other offences:
- Summary offence: Maximum of two years less a day imprisonment;
- Indictment: Maximum of 10 years imprisonment.
Where dangerous driving causes bodily harm the penalties increase:
- Summary offence: Maximum of two years less a day imprisonment;
- Indictment: Maximum of 14 years imprisonment.
- First offence: Minimum penalty of $1,000 fine;
- Second offence: Minimum penalty of 30-day imprisonment; and
- Each subsequent offence: Minimum penalty of 120-day imprisonment.
Dangerous driving causing death is a strictly indictable offence, with a maximum punishment of life imprisonment, and:
- First offence: Minimum penalty of $1,000 fine;
- Second offence: Minimum penalty of 30-day imprisonment; and
- Each subsequent offence: Minimum penalty of 120-day imprisonment.
Some aggravating factors that will increase the likelihood of a harsher punishment are:
- Where the offence caused bodily harm or death to more than one person;
- Where the offender was racing at least one other person;
- Where there was a passenger under the age of 16 in the vehicle;
- Where the offender was being paid for operating the vehicle;
- Where the offender was impaired while operating the vehicle;
- Where the offender was operating a large motor vehicle; and
- Where the offender was not permitted to be operating the vehicle.
In addition to the immediate penalties resulting from a conviction for dangerous driving, it can have wide-ranging negative consequences on your future.
You may have difficulties securing employment in the area of your choice, especially in roles that require driving.
Furthermore, your insurance rates will almost certainly increase (contact your insurance agency for specifics). One of the most serious long-term consequences is the lifelong criminal record that results from a conviction, which can hinder immigration and travel.
Defending Dangerous Driving Charges in Toronto
What are the best defences to dangerous driving charges in Toronto?
The defence that is best for you will depend on the circumstances of your offence.
Generally, some of the best defences to dangerous driving are:
- Violation of constitutional rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it can aid your defence.
- Momentary negligence: Holding a person criminally liable for dangerous driving is a very serious matter. For this reason, the Supreme Court of Canada has determined that a few seconds of negligent, accidental or unintentional driving is not sufficient to convict a person of this offence. If we can demonstrate momentary negligence, it can help you avoid a criminal conviction.
- Medical impairment: Unexpected medical impairments, such as seizures, hallucinations, or blackouts, may provide a defence to a dangerous driving charge. Proving the onset of a sudden impairment will show that you had no control over your physical state or your actions. Note that this defence is not available if you chose not to take your prescribed medications for the condition you suffered from.
We will carefully review the entire police file, which may include expert reports from a traffic reconstructionist, witness statements, collision reports, photographs, and other documents pertaining to your case.
We will listen to your version of events, paying special attention to any evidence that bears on the following key issues:
- Was your driving conduct truly dangerous?
- What is the quality of the Crown’s evidence with respect to the amount of foot and vehicle traffic at the time of the alleged offence?
- Will the Crown be calling an expert witness to help prove the case?
- Even if your driving pattern was dangerous, can the Crown prove that you acted without the standard of care of a reasonably prudent driver?
- Is there an innocent explanation for your driving pattern?
- Can the Crown prove that you were the driver?
There are other successful defence strategies that our experienced defence lawyers can take against dangerous driving charges. Our team of lawyers will conduct a thorough review of the circumstances of your case, in order to decide what defences are available to you.
How can I help defend dangerous driving charges in Toronto?
If you have been charged with dangerous driving, the following actions can help your lawyer build a strong defence:
- Make a statement about what happened;
- Have passengers write down their observations of what happened;
- Collect and maintain all documents and records about the event;
- Gather any photographic evidence that you may have; and
- Log any relevant texts, emails or phone calls.
As soon as you are released, start gathering any information that may be of use to your lawyer. What information is relevant will depend on the facts in your case. If you are uncertain what information may be relevant, you should contact one of our lawyers immediately to create a plan of action for gathering information.
If you are truly proactive about the matter, consider doing the following:
- Secure proof of employment,
- Secure reference letters,
- Enroll in counselling (e.g. alcohol or drug rehabilitation),
- Secure a record of prescriptions, and
- Secure a record of any mental health conditions you suffer from.
These steps can be very helpful in building an effective defence (or convincing the Prosecutor to drop the charges altogether).
What can a lawyer do to help me defend against dangerous driving charges in Toronto?
As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause.
Some of these include:
- Assembling documents, photos, texts, etc. that contradict the allegation and support your version of events;
- Identifying mistakes in the actions of the police, such as Charter breaches; and
- Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.
Our experienced defence lawyers will use the most effective defence against the charges according to the precise circumstances of your case. Even if the charges proceed and you are found guilty, a good lawyer can significantly reduce the severity of the consequences for you.
What’s Next?
Most of the information above relates to simple dangerous driving charges, which can become increasingly complex and fact-specific depending on the circumstances of your case.
We have tried our best to provide a general outline of what you can expect if you find yourself in this situation, but this is just the tip of the iceberg.
To learn more about how we can help, please contact our team of Dangerous Driving Lawyers. We will conduct a thorough review of your situation and tailor a precise strategy that targets your successful defence.
