Dangerous Driving Lawyer Toronto
What is Dangerous Driving?
A dangerous driving charge is a criminal offence which is defined as operating a motor vehicle in a manner that endangers or is likely to endanger people or property. It is a serious offence which carries severe penalties, including imprisonment.
If you have been charged with dangerous driving, it is important to seek legal advice from an experienced dangerous driving lawyer. A lawyer can provide you with the best possible defence and help you understand your rights and obligations under the law. They can also advise you on any mitigating factors that may reduce the severity of your sentence or work towards a withdrawal.
Proving Dangerous Driving
Proving a dangerous driving charge requires the prosecution to prove beyond a reasonable doubt that the driver was operating their motor vehicle in a manner that was considered dangerous and posed an unreasonable risk of harm to other people or property. In order to do this, they must present evidence that shows the driver’s actions were reckless, careless, or negligent. This could include witness testimony, physical evidence from the scene of the accident, and expert testimony.
If you have been charged with dangerous driving, it is important to seek legal advice from a qualified lawyer as soon as possible. Criminal lawyers can help you understand the charges against you and your rights under the law. They can also provide guidance on how to best defend yourself in court and ensure that your rights are protected throughout
Arrest & Bail
If you are arrested for a dangerous driving charge, the police may take you into custody and bring you to a police station. A dangerous driving lawyer can assist you with securing your release. Once at the station, the police will read you your rights and ask questions about the incident. It is important to remember that you have the right to remain silent and not answer any questions.
Once the police have finished their investigation, they may release you from the station or hold you for a bail hearing. In deciding whether or not to grant bail, the court will consider factors such as the seriousness of the offence and your criminal record. If you are released on bail, it is important to follow all of the conditions set by the court. Failure to do so could result in additional criminal charges being laid against you.
Trial & Sentencing
If your case goes to trial, the prosecution will present evidence that they believe proves you were driving dangerously. This could include witness testimony, physical evidence from the scene of the accident, and expert testimony. It is important to have a criminal defence lawyer who can help you understand the criminal charges against you and prepare a strong defence. Your criminal defence lawyer can also cross-examine witnesses and challenge any evidence presented by the prosecution.
In a dangerous driving conviction, the court will consider a number of factors when determining your sentence. These include the severity of the criminal offences, driving record, any previous criminal record, and any mitigating circumstances. Depending on the circumstances, you could face a fine, jail time, or both.
Momentary negligence is a defence that can be used in cases of dangerous driving offences. This defence argues that the driver was only momentarily negligent and did not pose an unreasonable risk of harm to other people or property. In order for this defence to be successful, the driver must prove that their actions were not reckless, careless, or negligent. They must also show that they took all reasonable steps to avoid causing harm.
An effective defence in a dangerous driving case is to argue that the driver was not negligent or reckless. This can be done by showing that the driver took all reasonable steps to avoid causing harm, such as obeying traffic laws and driving at a safe speed. Additionally, it may be possible to argue that any momentary negligence on the part of the driver did not pose an unreasonable risk of harm.
Dangerous Driving Penalty
Dangerous driving is a serious offence that can have severe consequences. The criminal penalties imposed by the judge upon criminal conviction of dangerous driving can include jail time, fines, probation and criminal record, as well as licence suspensions. In addition to these court-imposed penalties, drivers convicted of dangerous driving may also face high insurance premiums or even cancellation of their coverage. In Ontario, the Ministry of Transportation will impose a mandatory one-year licence suspension for anyone convicted of dangerous driving.
These penalties are in place to discourage people from engaging in dangerous driving behaviour and to ensure that those who do are held accountable for their actions. It is important for all drivers to be aware of the potential consequences they may face if they choose to drive dangerously and take steps to avoid such behaviour. By following the rules of the road and being mindful of other drivers on the road, we can help keep our roads safe for everyone.
Different Dangerous Driving Offences
The criminal code has three different types of dangerous driving offences. These include:
• Dangerous operation of a motor vehicle causing death or bodily harm;
• Dangerous operation of a motor vehicle; and
• Criminal negligence causing death or bodily harm while operating a motor vehicle.
Each offence carries different penalties depending on the severity of the offence and the circumstances surrounding it.
Examples of Dangerous Driving
Examples of dangerous driving include speeding, failing to yield the right of way, running a red light or stop sign, and driving while impaired by drugs or alcohol. Other examples include tailgating, weaving in and out of traffic, and passing on the shoulder. All of these behaviours can put other drivers at risk of serious injury or death.
In addition to these examples, any behaviour that is considered to be reckless or careless can also be considered dangerous driving.
Retaining A Dangerous Driving Lawyer
When facing a dangerous driving charge, it is important to retain a criminal defence lawyer who has experience in this area of law. A skilled and experienced lawyer will be able to provide you with the best possible defence and ensure that your rights are protected throughout the legal process.
Your legal counsel will be able to review the evidence against you and advise you on your options for defending yourself. They will also be able to negotiate with the prosecution on your behalf and work to get the charges against you reduced or dismissed.
It is important to remember that a criminal conviction for dangerous driving can have serious consequences, so it is essential to seek legal advice as soon as possible. A qualified and experienced criminal defence lawyer will be able to provide you with the best possible defence and ensure that your rights are protected throughout the legal process. Contact a criminal defence lawyer today to discuss your case and learn more about how they can help you. Kahlon Law offers consultations so please do not hesitate to contact us today.