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  • Home
  • PRACTICE AREAS
    • ASSAULT CHARGES
    • DOMESTIC ASSAULT
    • DOMESTIC VIOLENCE
    • IMPAIRED DRIVING CHARGES
    • REFUSE BREATH TEST
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Oshawa Dangerous Driving Lawyer

Free Consultation

What is Dangerous Driving?

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. 

Dangerous Driving Lawyer in Oshawa and Durham Region

Dangerous driving is a criminal offence. It can lead to a record, license suspension, fines, and jail.


Smart Criminal Law represents clients in Oshawa and Durham Region facing dangerous driving charges and related offences.


A dangerous driving lawyer Oshawa clients rely on reviews disclosure, analyzes police conduct, and tests whether the evidence meets the legal threshold for a reckless driving charge or dangerous driving under criminal law.


Dangerous driving cases in Ontario depend on the facts, road conditions, and how the conduct is interpreted. A defence focuses on challenging those elements and the strength of the case.


If you are facing dangerous driving charges, act early. A conviction for dangerous driving carries long-term consequences.

Common Examples of Dangerous Driving

Dangerous driving is based on whether the conduct creates a clear risk to the public. Not every traffic violation meets that threshold, but certain behaviours are more likely to lead to dangerous driving charges under the dangerous driving Ontario law.

  • Excessive Speeding: Driving far above the speed limit, especially in traffic or poor conditions, can be treated as dangerous driving rather than a simple offence.
  • Street Racing: Racing or stunt driving can lead to a reckless driving charge or criminal allegations, depending on the level of risk involved.
  • Aggressive Lane Changes / Weaving: Rapid lane changes, cutting off other vehicles, or weaving through traffic may support dangerous driving charges.
  • Distracted Driving: Using a phone or failing to pay attention can escalate to a criminal issue if it results in dangerous conduct.
  • Ignoring Traffic Signals: Running red lights or failing to obey traffic signs can contribute to a conviction for dangerous driving when it creates a serious safety risk. 

Understanding Dangerous Driving Charges in Ontario

A dangerous driving lawyer looks at the specific facts to determine whether the behaviour meets the legal threshold for dangerous driving Ontario charges.

  • Excessive Speeding: Driving far above the speed limit, especially in traffic or unsafe conditions, can lead to dangerous driving charges rather than a simple ticket.
  • Street Racing: Stunt driving can result in a reckless driving charge or criminal allegations, depending on the circumstances and level of risk involved.
  • Aggressive Lane Changes/Weaving: Frequent lane changes, cutting off other vehicles, or weaving through traffic can be used to support a dangerous driving charge.
  • Distracted Driving: Using a phone or being otherwise distracted may escalate beyond a traffic offence if it leads to dangerous conduct on the road.
  • Ignoring Traffic Signals: Running red lights, failing to stop, or ignoring road signs can contribute to dangerous driving charges, especially when it creates a risk of harm. 

Consequences of a Dangerous Driving Conviction

A conviction for dangerous driving carries serious legal and long-term consequences.

  • Criminal Record: A conviction for dangerous driving results in a permanent criminal record that can affect employment, travel, and future opportunities.
  • Fines and Penalties: Dangerous driving Ontario offences can lead to significant fines depending on the severity of the case.
  • Licence Suspension: Courts may impose driving prohibitions, limiting your ability to operate a vehicle.
  • Jail Time: More serious dangerous driving charges, especially those involving injury or death, can result in imprisonment.
  • Insurance Impact: A conviction can lead to increased premiums or loss of coverage.

A dangerous driving lawyer Oshawa clients rely on assesses these risks early and builds a defence to reduce or avoid a conviction for dangerous driving.

How we help

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.

Penalties

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:


Dangerous Driving ( ie. Collision without injuries)


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

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


Dangerous Driving Causing Bodily Harm (ie. Collision with injuries)


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 


Dangerous Driving Causing Death (ie. Fatal Collision)


Straight indictable offence with a maximum penalty of life imprisonment.

Same mandatory minimum scheme as for bodily harm offences.

Other Serious Driving Offences

Careless Driving 


Defined as driving without reasonable care or attention. Penalties may include fines (approx. $400–$2,000), up to six months in jail, licence suspension (up to 2 years), and demerit points.


Careless Driving Causing Bodily Harm or Death


Penalties can include fines ($2,000–$50,000), up to two years of jail, licence suspension up to five years, six demerit points, and mandatory driver improvement courses.


Stunt Driving / Street Racing 


Includes actions like:  

  • Driving 40 km/h+ over speed limit where limit < 80 km/h
  • Driving 50 km/h+ over where limit ≥ 80 km/h
  • Driving 150 km/h or more anywhere in the province
  • Cutting off vehicles, tailgating, blocking traffic, wheelies, doughnuts, etc. 


Penalties:  

  • Immediate 30-day licence suspension
  • 14-day vehicle impoundment
  • Fines $2,000–$10,000
  • Up to 6 months in jail
  • Post-conviction licence suspension (escalating with repeat offences) 

17 Years Experience Defending Serious Traffic Offences

If you're facing criminal charges, don't wait to get the legal help you need. Contact us today to schedule a free consultation with one of our experienced driving defence lawyer. We'll listen to your story and provide you with the guidance and support you need to move forward.

Schedule Free Consultation

Why Hire a Dangerous Driving Lawyer in Oshawa?

Early Case Control

A dangerous driving lawyer steps in early to assess risk and control how your case develops. 

Evidence Review

 A dangerous driving lawyer Oshawa clients rely on analyzes disclosure, police reports, and whether the evidence supports dangerous driving charges. 

Challenge the Charge

 Not every allegation meets the legal threshold under dangerous driving Ontario law. Weaknesses can be used to reduce or challenge the case, including a reckless driving charge alternative. 

Reduce Consequences

 The focus is on avoiding or minimizing a conviction for dangerous driving and limiting long-term impact. 

Court Representation

 You get structured defence, clear positioning, and representation at every stage. 

Strategic Decision Making

 Every step is based on evidence, risk, and outcome, not guesswork. 

Frequently Asked Questions

 Dangerous driving Ontario law focuses on whether the driving was a marked departure from normal standards and created a risk to the public. It goes beyond simple mistakes or traffic violations and depends on the facts, conditions, and level of risk involved. 


 Do not make statements or discuss the case with anyone except your lawyer. Contact a dangerous driving lawyer immediately to review your situation and protect your rights from the start. 


 In some cases, yes. If the evidence is weak, procedures were not followed, or the conduct does not meet the legal threshold, dangerous driving charges may be reduced or withdrawn. A dangerous driving lawyer Oshawa clients rely on will assess these issues early. 


 It depends on the severity of the case. Less serious cases may result in fines or licence suspension, while more serious dangerous driving charges, especially those involving injury or death, can lead to jail and a conviction for dangerous driving. 


 Defences focus on whether the driving actually meets the legal threshold. This can include challenging the evidence, questioning police observations, or arguing that the conduct does not amount to dangerous driving under criminal law. 


Talk with a Dangerous Driving Lawyer Now

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SMART | CRIMINAL LAW

39 Bond St E., Unit #4, Oshawa, Ontario, L1G1B2

(905) 438-1529

Criminal Defence Lawyer Serving Durham Region including Oshawa, Whitby, Brooklin , Ajax, Pickering, and Bowmanville


Jeffrey Smart Legal Services Professional Corporation, Registered as " Smart | Criminal Law"