Dangerous Driving What Are the Charges and Penalties

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• Dangerous Driving What Are the Charges and
  Penalties?

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(No Transcript)
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What Is the Definition of Dangerous Driving? 
Under the Criminal Code of Canada, dangerous
driving is considered a criminal offence. When
someone drives below the minimum standard
expected from a responsible driver with reckless
disregard for the lives and safety of others, it
is considered dangerous driving. Many people
confuse dangerous driving with an accident. But
there is a difference, and that is intent. To
consider whether the driver was guilty of
dangerous driving, the court must consider
whether the driver actually intended to drive
recklessly or dangerously. In legal terms, this
is called mens rea, meaning did they have a
guilty mind and intend to commit the crime. This
includes whether they intended to drive
dangerously or carelessly and was the accident
unplanned.
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What Are the Charges for Dangerous Driving? 
Compared to a typical traffic violation, this
charge is significantly more serious. Therefore,
several variables, including the location, hour
of day, volume of nearby traffic, and nature of
the incident, need to be considered. Section
320.13 (1) of the Criminal Code of Canada
mentions three situations when an accused can be
charged with dangerous driving
Dangerous Operation Under Section 320.13(1),
anyone who operates a conveyance in a way that,
in regard to all the circumstances, endangers the
public is guilty of an offence. Operation
Causing Bodily Harm Anyone who operates a
conveyance in a way that, in the context of the
circumstances, endangers the public and results
in bodily harm to another person commits an
offence. Operation Resulting in Death Anyone
who operates a conveyance in a way that, given
all the facts, endangers the public and results
in the death of another person commits an offence.
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What Are the Probable Consequences?
Canadian law takes dangerous driving very
seriously, and it becomes even more severe if
someone is injured during the incident. It will
result in A criminal record One-year licence
suspension (for a first-time offender) A
maximum penalty of five years imprisonment 10
years imprisonment (if the incident caused
someone to suffer bodily harm) 14 years
imprisonment (if the incident results in
someones death) If the accused has been
previously charged with having a dangerous or
impaired driving record, a longer licence
suspension will result.
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