• Vancouver at night

Dangerous Driving

Driving causing bodily harm or death

The Charge

Section 249 of the Criminal Code makes it an offence to operate vehicles in a manner that is dangerous.  To determine if the driving is dangerous, courts will consider all of the circumstances, such as the nature, conditions and use of the roadway being driven on. The Crown must prove that there is a danger to the public, including a potential danger. A passenger in a car is a member of the public. For a dangerous driving conviction, the Crown must prove that the driver intended to drive the vehicle in a manner, when viewed objectively, that amounts to a departure from the standard of care expected from a prudent driver. Courts have held that for dangerous driving, there must be a “marked departure” from normal driving.

Drivers may be charged with dangerous driving in many circumstances which include: excessive speeding; improperly overtaking a vehicle; falling asleep at the wheel; improper lane changes; disobeying traffic signs; failing to properly control the vehicle; street racing; and consuming drugs or alcohol.

Penalties

In addition to any sentence imposed by the court, a criminal conviction for Dangerous Driving will cause the driver to have their insurance policy “breached” by ICBC. This is because an essential condition of an ICBC insurance policy is that coverage is voided if the driver is convicted of a criminal offence while driving. Needless to say, a convicted driver could be liable to ICBC for thousands, or even millions of dollars to repay the insurer for claims caused as a result of dangerous driving.

The punishment for dangerous driving is significant. Where there are no injuries or deaths, courts can sentence a dangerous driver for up to 5 years in jail. For dangerous driving causing bodily harm or death, drivers face imprisonment for up to 14 years. Upon conviction, the Crown will always seek a driving prohibition, often for many years in serious cases.

The Investigation

Dangerous driving cases, especially those involving bodily harm or death, are matters that will involve thorough police investigations. When traffic accidents result in injuries or death, police accident reconstruction experts will attend the scene to record and measure the aftermath of the crash. Police experts will carefully photograph the scene and take statements from people who may have witnessed the accident. Police experts will analyze items such as tire skid marks and vehicle mechanical conditions and forward reports to Crown counsel.

ICBC

Another aspect of the aftermath of any dangerous driving charge that results in an accident is that ICBC obliges all drivers to report any accident that they are involved in and to provide a statement to ICBC so that they can determine liability. There is certainly tension in such a situation – the driver has the right to remain silent under the Criminal Code and the Charter, but at the same time, has a duty to make a statement to ICBC under Provincial laws. We have the expertise and skills to assist our clients through the civil ICBC investigation of the accident without compromising their criminal law rights.

Recent Successes

R. vs. J.F. - North Vancouver Provincial Court

Charges: Possession for the purpose of Trafficking; Obstruct Police.
Issue: Whether the cocaine found by police was intended for sale or for personal use, and whether it was in the public interest to prosecute.
Result: Mr. Mines was able to provide information to Crown counsel which resulted in Crown agreeing to drop all charges upon our client successfully completing the Alternative Measures Program.

R. vs. A.O. - Vancouver Provincial Court

Charge: Possession of a loaded restricted handgun, without a permit.
Issue: Whether the Crown could prove that our client did anything more than briefly touch the gun while he a passenger in a vehicle.
Result: Mr. Mines was able to persuade the trial judge that our client's actions were minimal and that his youthful age and lack of record allowed him to be granted  a conditional discharge. No conviction. No jail.

R. vs. S.S. - Nelson Provincial Court

Charges: Possession for the Purpose of Trafficking (MDMA, Ketamine, Cocaine).
Issue: Given the nature of the search and seizure, the rehabilitative steps we were able to guide our client through, and given the recent changes to the mandatory minimum jail sentence for this offence, whether our client was eligible for a non-custodial sentence.
Result: Notwithstanding the large amount of drugs involved (approximately 2 kgs), Mr. Johnson was able to persuade the court to impose a conditional sentence of two years, less one day. No jail.

R. vs. D.M. - Vancouver Provincial Court

Charges: Assault.
Issue: Given the provocation that preceded the incident, what  the appropriate sentence would be.
Result: Mr. Gauthier was able to persuade the court to sentence our client to a period of probation of 12 months. No jail.

R. vs. B.K. - New Westminster Provincial Court

Charge: Indecent Act.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client completing an extensive course of counselling. No criminal record.

R. vs. K.L. - Vancouver Provincial Court

Charges: Theft Over $5000 (from employer).
Issue: Given the rehabilitative steps we were able to guide our client through, whether she would be sentenced to jail.
Result: After steering our client through counselling and arranging her repayment of the misappropriated funds, Mr. Mines was able to persuade Crown counsel to not seek a. jail sentence. After hearing Mr. Mines' submissions on our client's behalf, the court granted a suspended sentence and placed our client on probation for 18 months. No jail.

R. vs. A.A. - North Vancouver Provincial Court

Charges: Sexual Assault; Uttering threats; assault, Breach of Release Order.
Issue: Whether there was a substantial likelihood of conviction.
Result: Mr. Mines was able to persuade Crown counsel that there was no realistic chance of conviction on the sex assault charge and Crown proceeded only on the assault charge to which our client pleaded guilty. After hearing Mr. Mines' submissions, the court granted our client a conditional discharge and Crown entered stays of proceeding on the remaining 3 counts. No jail, no criminal conviction.

R. vs. A.S. - Vancouver Provincial Court

Charge: Driving while prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a mandatory one year driving prohibition upon conviction.
Result: Mr. Mines was able to provide Crown counsel with information that concluded our client was not at all responsible for the motor vehicle accident and persuaded Crown to proceed on the lesser offence of driving without aa valid license. Our client was sentenced to a fine and a 3 month driving prohibition.

R. vs. L.M. - Vancouver Provincial Court

Charges: Mischief Over $5000; Assault Police Officer.
Issue: Whether the sentence ought to emphasize punishment or rehabilitation in this matter where our client was alleged to have caused over $100,000 in damage to his building.
Result: Mr. Gauthier was able to provide Crown counsel with materials confirming the rehabilitative steps our client had taken for his mental health. The cRown stayed the assault police officer charge and, after hearing Mr. Gauthier's submissions, the Court granted our client a conditional discharge and placed him on probation. No jail.

R. vs. D.R. - Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on the assault charge. Our client entered into a 12 month Peace Bond. No criminal record.

R. vs. B.Z. - Port Coquitlam Provincial Court

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to direct our client through, whether it was in the public interest to proceed with this prosecution.
Result: Mr. Johnson was able to provide Crown counsel with information that allowed him to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. M.C. - Vancouver Provincial Court

Charges: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the prosecution of this offence which carries a 12 month mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid licence. Our client received a $500 fine and a 30 day driving prohibition.

The Defence

As in all criminal prosecutions, in a dangerous driving case, the Crown has the burden of proving the offence beyond a reasonable doubt. In essence, this means the accused driver need not provide any explanation to police; rather, it is up to police to put together a body of evidence that proves that the driver drove in a fashion that, in all the circumstances, was a marked departure from the norm. thus, when we represent clients who are still being investigated for dangerous driving, a large focus of our job is to act as an intermediary – a buffer – between police and our client. As accident reconstruction cases can take months to investigate, we are also concerned with preventing any unnecessary arrest of our client in the event that police do recommend charges. Rather, when police do want to lay charges, our goal is to accompany our client to the police detachment or courthouse so that they can be “deemed” arrested without going into custody.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.