Section 249 of the Criminal Code of Canada states that the offence of dangerous driving by operating 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 at the time or expected traffic at the time.
Dangerous Driving requires a marked departure and examines how the actions of the accused led to dangerous driving rather than focusing on the consequences of this driving. A marked departure from the standard of care that a reasonable person would observe in the accused’s circumstances. The Crown does not have to prove that a person was actually endangered by the accused, as long as the actions of the accused could lead to the person(s) being endangered is enough for a conviction. Some of the defenses that are available is involuntary consumption of a substance, medical to impairment. Or simply the actions of the accused were not marked departure.
A person convicted of this offence may in addition to criminal conviction face jail time. In addition conviction for dangerous driving leads to a minimum driving suspension of one year.
Mr. Singh has successfully represented persons charged with dangerous driving offences over the last 14 years.
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