As one of the most common causes of legal action, the crime of operating a vehicle in a dangerous fashion is neither strange nor new to the ears of the everyday citizen. However, very few are actually aware of the exact requirements that make a motorist’s driving legally “dangerous”. While this might seem like a trivial matter, it becomes easier to convict a potentially innocent person of a crime if they aren’t fully cognizant of the law. The first step toward achieving a just ruling is to be thoroughly involved with the terminology that is relevant to your situation. If you’re currently embroiled in a dangerous driving case, consider the following.
According to Section 249 of the Criminal Code of Canada , dangerous driving occurs when a motorist “operates a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place.” This means that the nature of the driving, not the effects of the driving, must be investigated in order to reach a proper conclusion. Both sets of information together are required to illustrate a more accurate representation of the accused’s actions and potential guilt.
Several situations that may occur while driving can replicate symptoms of dangerous driving, though the driver may not have been doing so. For example, a momentary loss of attention that occurs during otherwise perfectly acceptable driving is often times observed as civil liability, not dangerous driving. This is not a severe enough sentence to require criminal conviction, resulting in a sound and defendable case for the accused. If you believe you may have been wrongly indicted for driving that was not actually perilous, hazardous or unsafe, contact a professional criminal lawyer in Toronto today.