Ines Gavran

Toronto Dangerous Driving Causing Bodily Harm Death Criminal Defence Lawyer

Considering the consequences of a conviction, it is recommended, that a person charged with dangerous driving secures legal representation by a knowledgeable and skillful defence lawyer

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Criminal Defence Lawyer defends dangerous driving causing bodily harm death charges – Toronto, Brampton, Mississauga, North York

Speeding in a car can lead to more than just a speeding ticket. Dangerous driving is a criminal charge that can result from speeding over the limit, in a dangerous manner, where the public is endangered as a result of the manner of driving. A conviction on a dangerous driving charge attracts serious consequences such as a jail sentence and a criminal record, especially if the dangerous driving resulted in bodily harm or death of another. Considering the consequences of a conviction, it is recommended, if not essential, that a person charged with dangerous driving secures legal representation by a knowledgeable and skillful defence lawyer to defend dangerous driving charges.

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Dangerous driving

What is dangerous driving?

Not to be confused with careless driving, dangerous driving of a car is a criminal offence under section 249(1)(a) of the Criminal Code. In order to be convicted of dangerous driving, the Crown must prove beyond a reasonable doubt that you drove in a manner that was dangerous to the public, having regard to all the circumstances, including, among others, the road conditions and the amount of traffic that was or that there could reasonably have been expected to be in that place. The charge requires a “marked departure” from what a reasonable person would have done if placed in the situation of the accused person. In some cases, speeding alone may be sufficient. While proof of criminal intent is required for a conviction, it is important to note that the Crown need not prove that you intended to endanger others, but rather that you intended to drive in the way you did, such as speeding or engaging in dangerous maneuvers, and that the quality of your driving, viewed objectively, did or could have endangered others. This leads us to another important aspect of this offence: the fact that there was no one who was actually put in danger as a result of the driving is not required for a conviction – the mere possibility that there could have been people there can suffice. Any passengers in the car are considered to be part of the public for the purposes of this offence.

Punishment for dangerous driving

Because dangerous driving is a criminal offence under the Criminal Code of Canada, it carries a maximum penalty of five years imprisonment, 10 years if the incident causes someone to suffer bodily harm, and 14 years if the incident results in someone’s death. Other consequences of a conviction for dangerous driving include a criminal record that will impact employment, restrict ability to travel and significant increases in car insurance costs. In addition, a person convicted of dangerous driving will have their driver’s license automatically suspended for a one-year period and for any subsequent offence, the suspension can be indefinite. In some cases, and with consent of the Crown, a person charged with dangerous driving charge may plead to a lesser charge of careless driving, which is not a criminal offence but provincial offence under the Highway Traffic Act (“HTA”). This is by far a better outcome considering HTA convictions are less harsh than criminal convictions and do not result in a criminal record. While the circumstances of each case are crucial in every criminal charge, this is especially true with respect to dangerous driving cases.

At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.

If you are charged with dangerous driving, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.

Call Toronto-based Criminal Defence Lawyer Ines Gavran today!

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