Oakville Dangerous Driving Lawyer
Dangerous driving in Oakville has profound implications, including potential jail time, fines, and even a possible suspension of the offender’s license. The actual sanctions applied depend on the jurisdiction in which the event has occurred, but the offence is widely treated with some level of uniformity.
Beyond the legal challenges, insurance companies also don’t mess around with this kind of offence. After all, these companies are businesses about mitigating risk, so they collect higher premiums from those perceived as the highest cost centers.
To this end, you may find that an insurance company imposes facility insurance, heightens premiums severely, or may even cancel the policy altogether- if the driver is deemed to be too much of a risk.
Understanding the Offence
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.
Understanding Intent
In the realm of dangerous driving cases in Oakville, it’s important to emphasize the role of intent, which serves as a central factor. Within legal proceedings, this intent is referred to as “Mens Rea,” a Latin term that speaks to the desire to commit an act or have a guilty state of mind.
This distinction is what separates an unplanned accident resulting from a series of unfortunate circumstances from a genuine case of dangerous driving. So, for instance, if one’s attention was diverted while driving, although it is a risky behaviour, it may not necessarily constitute dangerous driving, as the driver would not have intentionally planned to engage in such behaviour while navigating Oakville’s roadways.
Addressing the Matter in Court
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 in Oakville.
Call FMK Law Group Today
If you are charged with dangerous driving in Oakville or surrounding cities, you need an experienced and passionate lawyer. The attorneys at FMK Law Group have a proven track record of success in defending clients against dangerous driving charges.
We will work tirelessly to protect your rights and get you the best possible outcome in your case in Oakville.