Dangerous Driving Lawyer in Brampton, Canada

If you’re confronting charges of Dangerous Driving or Dangerous Operation of a Motor Vehicle, it’s crucial to seek guidance from seasoned legal professionals right away. Our dedicated team of Brampton Criminal Defence Lawyers specializes in defending individuals facing these grave allegations.

We recognize the seriousness of these allegations and the potential consequences they entail. Whether it’s assessing the circumstances of your case, scrutinizing evidence, or crafting a robust defence strategy, our team is prepared to provide you with the personalized attention and relentless representation you deserve.

We offer complimentary consultations with our team of skilled Criminal lawyers in Brampton, ON, to explore how we can assist you. Our areas of expertise encompass various legal matters, including Careless Driving, Impaired Driving DUI, and Drug Related Offences.

While our Dangerous Driving services are centred in Brampton, Ontario, we extend our representation to clients across the Greater Toronto Region, encompassing areas such as Oakville, Mississauga, Milton, and Burlington.

Don’t face these charges alone. Contact us today to schedule a consultation and our Brampton Criminal Lawyer to safeguard your future.

Section 320.13(1) of the Criminal Code of Canada sets out the offence of Dangerous Operation:

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

Operation causing bodily harm

(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.

How do you tell if you or someone else is engaging in dangerous driving? Well, it highly depends on your applicable jurisdiction, as there is usually an act that speaks directly to how road-based offences are handled.

Nevertheless, the operation of a vehicle in a way that brings danger or harm to the public intentionally is usually grounds for this kind of charge. Unfortunately, the result is often physical harm or the death of some innocent third party in the matter.

When dangerous driving is at play, several elements must be proven beyond the shadow of a doubt. First, the intent is incredibly important in the equation. Someone who has no concept of how dangerous their actions were cannot necessarily be labelled as committing dangerous driving, though the person may be a dangerous driver.

Next, whatever action is being undertaken needs to be deemed dangerous at its root. For example, exceeding the speed limit in a densely populated area or driving in an oncoming lane are plausible actions for consideration.

Finally, the machine being operated needs to be clearly defined as a motor vehicle, and the act needs to have happened in a public place.

Though multiple elements lead to a case of dangerous driving, intent arguably sits at the center of them all. In litigation, the intent is known as “Mens Rea,” which is a Latin term referring to a desire to commit an act or having a guilty mind.

That’s what makes the difference between an unplanned accident arising from a series of unfortunate circumstances versus a case of dangerous driving. So, if attention was diverted, for example, while that is a dangerous thing, it doesn’t necessarily constitute dangerous driving, as the driver would not have planned on not paying attention to the scheme of dangerous driving.

Punishment for Dangerous Operation of a Motor vehicle is found under Section 320.19, which states that:

Every one who commits an offence under subsection 320.13(1) [dangerous operation] or 320.16(1) [failure to stop after the accident], section 320.17 flight from a police officer, or subsection 320.18(1) operation while prohibited, is liable

(a) on conviction on indictment, to imprisonment for a term of not more than 10 years, or

(b) on summary conviction, to imprisonment for a term of not more than two years less a day.

Punishment in cases involving Bodily Harm

Section 320.2 states that: Everyone who commits an offence under subsection 320.13(2) dangerous operation causing bodily harm, 320.14(2) impaired operation causing bodily harm, 320.15(2) refusal where collision results in bodily harm or 320.16(2) fail to stop at the scene of an accident causing bodily harm, is liable on conviction on indictment or on summary conviction

(a) to the following minimum punishment, namely,

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days, and

(iii) for each subsequent offence, imprisonment for a term of 120 days;

(b) if the offence is prosecuted by indictment, to imprisonment for a term of not more than 14 years, and

(c) If the offence is punishable on summary conviction, it is imprisonment for a term of not more than two years, less than a day.

Punishment in cases causing Death

Section 320.21 states that:

Every one who commits an offence under subsection 320.13(3) dangerous operation causing death, 320.14(3) impaired operation causing death, 320.15(3) refusal, where collision results in death or 320.16(3), fail to stop at the scene of an accident which resulted in death, is liable on conviction on indictment to imprisonment for life and to a minimum punishment of,

(a) for a first offence, a fine of $1,000;

(b) for a second offence, imprisonment for a term of 30 days; and

(c) for each subsequent offence, imprisonment for a term of 120 days.

Here, you could fall under two umbrellas. You could be the victim in a case of dangerous driving, in which case you need a professional attorney to represent you for maximum compensation.

On the flip side, you may be the driver at the center of the dangerous driving charge, which means you need a lawyer to help you through a very serious situation. You may find that your actions do not necessarily constitute dangerous driving.

If you’re facing dangerous driving charges or other driving charges like Careless Driving or Impaired Driving in Brampton or surrounding cities

At FMK Law Group, our team of criminal defence lawyers Brampton, ON, boasts a track record of successful outcomes in Dangerous Driving cases. Leveraging our extensive expertise and strategic skills, we are dedicated to achieving favourable results for our clients. Whether you, a friend, or a family member facing charges for Dangerous Driving, we are here to provide the guidance and representation needed to navigate this challenging time. 

Don’t hesitate to reach out to us at (647) 269-8414 for a consultation that could make a significant difference in your case. Trust in our commitment to excellence and our passion for defending your rights.

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