Oshawa Dangerous Driving Lawyer - Smart | Criminal Law

This offence is defined broadly to include any driving conduct that shows  "a wanton or reckless disregard for the lives and safety of others". Unlike the offence of "Careless Driving", this offence can be committed anywhere the public could reasonably be expected to be. 

There are many attributes of the driving conduct that must be examined, such as the driving conditions, the place, the time, any explanation for the driving and the overall risk that the driving posed to members of the public. 

Additionally, if you are accused of this offence, the court must be satisfied that you knew or ought to have known that the manner of driving posed a real and serious risk to the public. 

The driving has to be beyond merely "driving without due care and attention" or having a "momentary lapse in your attention". It must be a "marked departed from what an ordinary person would consider reasonable in the circumstances"

There are many ways the police can accuse you of committing this offence, but there are also many ways of defending these allegations, so our office will work hard to present a strong defence.

These are criminal offences, defined by the Criminal Code of Canada—distinct from provincial traffic infractions, under the Ontario Highway Traffic ACT—and carry serious penalties:

Summary conviction (less serious): Up to two years less a day in jail.

Indictable offence (more serious): Up to 10 years in prison.

Summary conviction: Up to two years less a day or a fine (commonly up to $5,000).

Indictable offence: Up to 14 years in prison.

Mandatory minimums for bodily harm:  

• First offence: Minimum fine $1,000
• Second offence: Minimum 30 days in jail
• Subsequent offences: Minimum 120 days in jail 

Straight indictable offence with a maximum penalty of life imprisonment.

Same mandatory minimum scheme as for bodily harm offences.