Dangerous Driving Under the Criminal Code: What You Need to Know

A person may be charged with dangerous driving when they operate a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances.

What the Prosecution Must Prove

The court assesses the risk created by the driving, and not only its consequences. The prosecution must show that the driving represents a marked departure from the conduct of a reasonable person in the same situation.

This is a higher standard than simple inattention, which falls under civil liability, but a lower one than criminal negligence, which requires a marked and substantial departure.

Criminal Charge or Code de la sécurité routière?

The criminal charge should not be confused with the statement of offence under section 327 of the Code de la sécurité routière. For that statement of offence, it is enough to show an act likely to endanger the life or safety of persons or to damage property; no comparison with a reasonable person is required.

Possible Penalties

Penalties vary considerably depending on the circumstances and the injuries caused. They can range from an absolute discharge to lengthy prison sentences where the driving caused bodily harm or death.

Depending on the file, several defences may lead to an acquittal, and negotiation may result in a favourable outcome.

Need a Criminal Law Lawyer?

Every case is different. Our lawyers will analyze your situation and explain your options. In criminal matters, acting quickly often makes a difference.

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Dangerous Driving Under the Criminal Code: What You Need to Know