The Offence of Dangerous Driving in Canada – Speed is not Enough

By: Linh Pham, LL.B (hons), Criminal Defence Attorney Merchant Law Group LLP, Regina, Moose Jaw, Estevan, Weyburn, Carlyle lawyer

For many, driving is an everyday necessity, and you rely on be able to drive your livelihood. While you are probably aware that a DUI or impaired driving conviction will definitely result in a license suspension, few people know that dangerous driving charges can also lead to the revoking or suspension of your driving privilege. Fewer people even know that a dangerous driving charge can carry a prison sentence of up to 5 years depending on the severity of the incident. And dangerous driving causes injury is an indictable offense carrying a punishment of up to 10 years in federal prison..

Dangerous driving does not just include just cars but “motor vehicles” such as boats, airplanes, and sleds are also included per the Criminal Code.

In short – the legal test for establishing a conviction for dangerous driving is - was the Accused’s driving, a “marked departure” from that expected of a reasonable person?

In determining if there was a marked departure, the courts look at various factors such as the road conditions; visibility; the Melfort criminal lawyer driver’s manner of driving; the driver’s speed; and other factors.