Dangerous Driving Causing Bodily Harm

When another person suffers bodily harm as a direct result of the alleged dangerous operation, the Crown will typically proceed with the more serious charge under s. 320.13(2). These cases often involve additional evidence, such as medical records, accident reconstruction reports, and witness testimony. Getting a lawyer involved early matters here.

Dangerous Driving Causing Death

Dangerous driving causing death under s. 320.13(3) is an indictable-only offence with a maximum sentence of life imprisonment. Cases at this level frequently involve forensic evidence, accident reconstruction, and expert witnesses. If you or a family member is facing this charge in Toronto, contact Pyzer Criminal Lawyers as soon as possible — (416) 658-1818.

Challenging the Marked Departure Standard

The foundation of most dangerous driving defences is a careful analysis of whether the alleged driving genuinely met the legal threshold of a marked departure from the standard of a reasonable person. If the evidence shows the driving reflected a momentary error in judgment or an honest mistake rather than a genuinely dangerous departure from normal driving, there is a meaningful argument to be made. Our lawyers examine the police report, any available video footage, witness accounts, and road conditions in detail to assess whether the Crown’s evidence truly supports the charge as laid.

Pursuing a Reduction to Careless Driving

Where the evidence of dangerous driving is disputed or where mitigating circumstances exist, our lawyers may pursue a negotiated reduction to careless driving under the Ontario Highway Traffic Act. A careless driving finding is a provincial offence, not a criminal one. That means no criminal record, no criminal driving prohibition, and significantly reduced long-term consequences. This outcome isn’t available in every case. For eligible first-time offenders without aggravating factors, though, it represents a meaningful distinction that can protect your future.

Challenging the Crown’s Evidence

The strength of a dangerous driving prosecution often depends on the quality of the evidence gathered at the scene. Our lawyers assess:

●      The accuracy and completeness of police reports

●      The reliability and credibility of witness statements

●      The admissibility and interpretation of dashcam footage, traffic camera recordings, and surveillance video

●      The methodology and conclusions of accident reconstruction reports

●      Whether any technical evidence contains errors or omissions that affect its weight

Raising Charter of Rights Arguments

If police did not follow proper procedures when stopping, detaining, or questioning you, your rights under the Canadian Charter of Rights and Freedoms may have been violated. Depending on the nature of the breach, a court may exclude evidence obtained as a result, which can affect the Crown’s ability to proceed. Our lawyers assess every case for potential Charter arguments, including arbitrary detention, the right to counsel, and the admissibility of statements.

Building a Complete Picture of the Circumstances

Road conditions, visibility, weather, traffic density, the behaviour of other drivers, and any mechanical or emergency circumstances are all factors our lawyers examine. Where appropriate, we engage accident reconstruction professionals and other expert witnesses to make sure your case is presented with the full factual picture.

Arrest or Appearance Notice:

You have either been arrested and released or issued a Promise to Appear or Recognizance requiring you to attend court. Take note of the document you received and the date on it.

First Court Appearance (Mention):

Your matter will first appear before a judge at the Ontario Court of Justice. No plea is entered at this stage. Have legal representation before this date, not after.

Crown Disclosure:

Your lawyer requests the full package of evidence the Crown intends to rely on: police reports, witness statements, video footage, accident reconstruction, and any other relevant material.

Resolution Discussions:

Your lawyer meets with the Crown attorney to discuss the evidence, the applicable legal standards, and the realistic range of outcomes. Depending on the facts, this process may result in a withdrawal of the charge, a reduction to a lesser offence, or an agreed resolution.

Trial:

If no resolution is reached, your matter proceeds to trial. The Crown must prove every element of the offence beyond a reasonable doubt.

Contact Pyzer Criminal Lawyers as early as possible. Getting a lawyer involved before your first court date means more time to secure disclosure, identify time-sensitive evidence, and engage meaningfully with the Crown. Request your free case evaluation here.

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What is the difference between dangerous driving and careless driving?

Dangerous driving is a criminal offence under Section 320.13 of the Criminal Code of Canada. A conviction results in a permanent criminal record, a mandatory driving prohibition, and potential imprisonment. Careless driving is a provincial offence under the Ontario Highway Traffic Act. It does not create a criminal record and carries lower penalties, including demerit points and fines. The legal threshold is also different: dangerous driving requires proof of a marked departure from the standard of a reasonable person, whereas careless driving requires only proof of driving without due care and attention. In appropriate cases, a reduction to careless driving may be possible.

Can a dangerous driving charge be reduced or withdrawn?

In some cases, yes. Whether a dangerous driving charge can be reduced to a provincial offence, negotiated to a lesser criminal charge, or withdrawn depends on the evidence the Crown holds, the circumstances of the alleged offence, whether anyone was injured, and your prior history. A charge reduction to careless driving is one of the more valuable outcomes achievable in eligible cases. Our lawyers review the full Crown disclosure before providing a candid assessment of what outcomes your case may realistically support.

Will a dangerous driving conviction appear on a background check?

Yes. A conviction for dangerous driving under the Criminal Code of Canada creates a permanent criminal record that is visible on background checks conducted by employers, professional licensing bodies, and border agencies. It can affect your ability to work in regulated industries, cross into the United States, or maintain certain professional licences.

How long does a dangerous driving case take in Toronto?

The timeline varies depending on the complexity of the evidence, the specific charge, and the current court scheduling. A matter that resolves through negotiation may conclude within six to twelve months. Cases involving contested evidence, expert witnesses, or charges as serious as dangerous driving causing death may take eighteen months to three years or more.

What should I do immediately after being charged with dangerous driving?

Do not discuss the incident with the police without first speaking to a lawyer. You have the right to retain and instruct counsel without delay. Exercise it. Do not make statements about the incident on social media or to other parties. Preserve any evidence in your possession or control, including dashcam footage, photographs of the scene, and the contact information of any witnesses. Contact an experienced dangerous driving criminal lawyer in Toronto as soon as possible. Pyzer Criminal Lawyers is available 24 hours a day, 7 days a week at (416) 658-1818.

Can I represent myself on a dangerous driving charge?

You are entitled to represent yourself, but dangerous driving is a serious criminal matter. The Crown disclosure process, the rules of evidence, the applicable legal standards, and how resolution discussions with the Crown work. All of this requires experience that most self-represented individuals simply don’t have. Legal representation is a meaningful factor in the outcome of criminal proceedings.

How much does a dangerous driving lawyer cost in Toronto?

Legal fees vary based on the complexity of the case, whether the matter resolves through negotiation or proceeds to trial, and the scope of work involved. Pyzer Criminal Lawyers offers a free case evaluation to discuss your circumstances, understand your options, and provide a clear outline of fees before you make any commitment. There is no obligation.