Dangerous Driving Lawyers

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Ottawa Criminal Lawyer Reviews

Stephen Bouchard

3 days ago

★★★★★ My daughter was in a bad accident, lots of damage and someone was hurt.  The police officer was empathic but said that he had to charge her with dangerous driving, we were shocked.  Mr. Charitsis was easy to speak to, he explained to me about the charges and how he was going to help us.  We never let us down, about 3 months later he called me to say everything had been dropped.  We are very grateful and would recommend this law office to others.

Julia Gagne

7 days ago

★★★★★ Although we never condoned the actions of our son we were shocked to learn of the penalties for dangerous driving, and how this was going to affect him.  We called and were immediate relieved when Mustafa told us not to worry and he would help.  The lawyers did everything and kept us in the loop all the way.  The charge was dropped to stunt driving, a serious charge, but a traffic ticket with no criminal record.  Many thanks.

Silva Bergon

1 week ago

★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.

Marisol Almarazo

2 weeks ago

★★★★★ I recommend them because they won my case! My criminal charges WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you

John Stocco

2 weeks ago

★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Mr. Charitsis, I was put as ease. The trial was simply outstanding to watch my lawyer cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!

Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.

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Dangerous Driving Charges

Understanding the Criminal Offence of Dangerous Driving in Ontario

Dangerous Driving is a serious criminal offence under the Criminal Code of Canada.

It is defined as driving a motor vehicle in a manner that is dangerous to the public, with a disregard for the safety of others.

A conviction for dangerous driving can result in severe penalties, including fines, license suspensions, and even imprisonment.

Legal Items of an Ottawa Criminal Lawyer

What is Dangerous Driving

Dangerous driving is a criminal offence under the Canadian Criminal Code that involves driving in a manner that endangers or is likely to endanger the lives of others on the road.

As lawyers we can tell you that a dangerous driving is very different from careless driving under the Highway Traffic Act of Ontario.  The main difference is that in a dangerous driving, there must be some intent vs there is no intent required in a careless driving charge.

The “dangerous driving” must have occurred in a place where the public has access to and must involve a motor vehicle as described in the Criminal Code

Dangerous Driving vs Careless Driving

Careless driving is a Ontario Highway Traffic Act charge similar to dangerous driving in that it involves vehicle. The differences are:

  • Criminal Record: Convictions for dangerous driving include a criminal record for life.  Careless driving no criminal record.

  • Licence Suspensions: Persons convicted of dangerous driving will receive a mandatory 1 year licence suspension.  Careless driving, 6 month suspension at option of court.

  • Jail: Persons convicted of either dangerous driving or careless driving can be sent to jail, although unusual with careless driving charges.

  • Intent: Dangerous driving requires Mens Rea, where no intent is required for careless driving.

  • Location: Dangerous driving can occur anywhere, but careless driving must be on or near a roadway.

Where there is grounds for the charge, the reduced charge to a dangerous driving conviction, is the offence of careless driving due to the lack of criminal record and suspension ramifications.

Legal Definition of Dangerous Driving

Dangerous Driving

(1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

Operation causing Death

(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

Every person who commits an offence of Dangerous Driving is guilty of:

(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

(b) an offence punishable on summary conviction.

The offence can occur anywhere, it does not have to happen on a roadway.  Anywhere the public has access to.

What is a Motor Vehicle

Dangerous Driving | What is a motor vehicle | Image of a Grader as an example of whats included in the definition of motor vehicle.In regards to dangerous driving charges and motor vehicle is considered any conveyance and:

Motor vehicle means: any vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment

Where a driver is charged with the offence of dangerous driving, a motor vehicle under the Criminal Code of Canada means any vehicle that is propelled by any type of engine. This definition includes:
  • all trucks and cars
  • motorized construction equipment
  • tow motors, shunt vehicle and similar
  • farm vehicles, including riding mowers & golf carts
Although many of these vehicles operate on private property.  Persons convicted of dangerous driving are prohibited from operating a motor vehicle anywhere in Canada, including on private property, factories, farms, construction sites or elsewhere.

Dangerous Driving Penalties

The penalties for dangerous driving are imposed by the judge upon conviction and may include:

Drivers convicted of dangerous driving will see their insurance impose high rates, cancel insurance coverage, or put the driver in facility rated insurance.

The Ontario Ministry of Transportation will impose a mandatory one (1) year license suspension upon the conviction of a dangerous driving charge.

Criminal driving convictions are kept on drivers’ records/abstracts for ten (10) years, which will dramatically affect the cost of insurance.

Accidents & Dangerous Driving

Most motor vehicle accidents are not dangerous driving.

To be charged with dangerous driving, the driver must have shown a “wanton or reckless disregard for the lives or safety of other persons” while operating the vehicle.

This means that the driver’s behavior must have gone beyond a simple mistake or momentary lapse in judgment that could lead to an accident.

Most accidents are a result of:  an unintended driver error, regardless of the amount of damages or injuries.

Dangerous Driving & Intent

When considering a dangerous driving charge, the court must determine whether the driver intended to drive dangerously, also known as “Mens Rea.” Mens Rea is latin for “having a guilty mind”

In other words, did the driver have a guilty mind and intent to commit the act? Did they mean to do it?

The court will consider whether there was intent to:

  • Drive dangerously
  • Cause an accident
  • Drive carelessly

It’s important to note that there’s a distinction between driving dangerously and being involved in an accident. In cases where a driver was driving without due care and attention, the dangerous driving charge must be dismissed as a conviction for dangerous driving requires intent.

Thank you so very much we are forever grateful for your services. Nick was attentive and took the time to explain the entire procedure and what it would entail, the office followed up with every phone call and getting the information needed to proceed with the case.
David D. Ottawa

Defending Dangerous Driving Cost

Being charged with a criminal offence is a serious matter and can have life-changing implications.

We firmly believe that this is not a time in your life look for cheap or “affordable lawyers”. With cheap and affordable, there’s always a catch…

  • This one event in your life can have long term implications on your drivers licence, livelihood and family.  When charged with any criminal offence, you need the very best legal representation to protect yourself and your future.

  • As defence lawyers we don’t nickel and dime our clients. We do charge a fee which represents the high caliber of legal representation that we provide.

  • Our goal is to win your case, and we will do everything in our power to provide the best possible defence. We will appear and arrange all court dates, disclosure requests, discussions with the Crown Attorney, and prepare all documents and motions for your case, including trials.

Prior to any trial, we’ll meet with the Crown Attorney to review and argue the merits of a withdrawal and to canvass any reduced charges.

We will keep you informed and updated on your case and provide advice on what you can do to help your case, such as writing out your version of events, obtaining documentary evidence or witnesses, and arranging for counseling if necessary.

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