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Dangerous Operation of a Motor Vehicle
In accordance with Section 320.13 (1) of the Criminal Code of Canada, dangerous driving
occurs when one operates a conveyance (e.g., a motor vehicle, vessel, aircraft, or railway
equipment) in a manner that poses a threat to public safety. Factors considered include
the location, condition, and traffic volume at the time.
Determining dangerous driving revolves around assessing how a motor vehicle is
operated, not just the resulting consequences. A court cannot rely solely on outcomes like
collisions or fatalities to establish dangerous driving; instead, it must independently
evaluate the driving behavior.
Dangerous driving is assessed by objectively examining whether the accused’s conduct
represents a significant departure from the standard of care expected of a reasonable
person in similar circumstances. The prosecutor need not prove intent to drive
dangerously. The court compares the conduct against the standard expected of a
reasonably prudent driver, regardless of intent.
For conduct to qualify as dangerous, it must constitute a marked departure from the
standard of care expected of a reasonable person in those circumstances. A mere
deviation from the standard does not constitute a criminal offense. The distinction
between a marked departure and a minor one hinges on the degree of seriousness. Only
marked departures warrant criminal charges.
While exceptions may exist, momentary lapses lasting a few seconds, during otherwise
proper driving, usually imply civil liability rather than the “marked departure” required for
a criminal conviction. Such cases typically do not suffice for a dangerous driving
conviction.
A conviction does not hinge on proof of actual endangerment by the accused’s driving.
Conviction can result from driving deemed dangerous to the public reasonably expected
to be present at the time.
Excessive speed, depending on the context, can endanger lives and qualify as a marked
departure from a prudent driver’s standard of care, supporting a dangerous driving
conviction. Factors include other vehicles’ speeds, road conditions, and the driver’s
control and ability to react.
Similarly, voluntary consumption of drugs or alcohol, knowing it may impair driving, is not
a defense to dangerous driving. Such behavior can lead to a conviction.
Involuntary or unintentional drug/alcohol consumption, leading to dangerous driving, may
negate the fault element for dangerous driving. For instance, if a person unknowingly
becomes drugged at a bar and drives dangerously, they may be acquitted if unaware of the
drug’s impact.
Unexpected medical impairments, like seizures or hallucinations, may provide a defense.
However, if such impairments result from the driver’s choice not to take prescribed
medication for a pre-existing condition, they may not excuse their actions.
A conviction for dangerous driving can result in up to five years in jail. The penalty can
increase to ten or fourteen years, depending on whether it causes bodily harm or death.
Additionally, a person found guilty may lose their driver’s license for at least one year in
Ontario, with the potential for a Canada-wide driving ban.
For further information on Dangerous Driving and other driving related offences, contact
us now.
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