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Is it a Crime to Almost Hit a Pedestrian?

You may be charged with a driving related offence even if no accident occurs.

You may be charged with a driving related offence even if no accident occurs.

 

Careless driving

  • If you almost hit a pedestrian with your car it is possible that you may be charged with an offence under the High Way Traffic Act depending on the circumstances in which you almost hit a pedestrian.
  • High Way Traffic Acts offences are not listed in the Criminal Code of Canada. They are provincial regulatory offences.
  • Provincial Offences are governed by the Provincial Offences Act.
  • In Ontario, the Provincial Offences Act intends to regulate the day-to-day lives of all people living in Ontario.
  • Conviction of a Provincial Statute will not appear on the accused’s Criminal Record.
  • All violations under the Highway Traffic Act are are Provincial Regulatory offences
  • These offences are considered less serious and regulatory, but can still carry serious consequences for the accused upon conviction, such as a suspended drivers license.
  • Careless Driving is set out int he third part of the Act that sets out the procedures for offences that are serious enough that the accused must attend Court to answer to the charge but are not serious enough to be included in the Criminal Code.

Section 130 of the High Way Traffic Act

130 Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years.  2009, c. 5, s. 41.

  •  The careless driving definition is very broad
  • There are many circumstances that may be considered when a careless driving charge is laid and prosecuted.
  • It asserts that the driver was not using a level of care and awareness required to drive safely.
  • A carless  driving charge can be paid whether or not an accident occurs.
  • Carless driving may be defined as “driving without consideration for other persons using the roadway”.

There are Criminal Offences in the Criminal Code of Canada that apply to drivers that are more serious and have more serious consequences.

The following are criminal offences that may apply to drivers that are contained in the Criminal Code:
Dangerous operation of motor vehicles, vessels and aircraft
  • 249 (1) Every one commits an offence who operates
    • (a) 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;
    • (b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;
    • (c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or
    • (d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.
  • Marginal note:Punishment

    (2) Every one who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Dangerous operation causing bodily harm

    (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Dangerous operation causing death

    (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Operation while impaired

  • 253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
    • (a) while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
    • (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
  • Marginal note:For greater certainty

    (2) For greater certainty, the reference to impairment by alcohol or a drug in paragraph (1)(a) includes impairment by a combination of alcohol and a drug.

  • If you have been charged with careless driving, dangerous driving, over 80, impaired driving  or any other criminal offence please contact Kostman and Pyzer, Barristers for your free consultation today!
18 Jul 2017

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