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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. M.P. – ICBC insurance fraud investigation.

Charge: Insurance fraud.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to steer our client through the investigation by helping our client rectify the fraudulent information that he had provided to I.C.B.C. No charges approved. No criminal record.

R. vs. S.B. – Port Coquitlam Provincial Court

Charges: Assault Causing Bodily Harm; Assault Police Officer.
Issue: Given our client's severe mental health issues, whether he was criminally responsible for the offences.
Result: Mr. Gauthier was able to provide information about our client's mental health history to Crown counsel and, ultimately, was able to persuade Crown to end the prosecution. Stay of proceedings. No jail. No criminal record.

R. vs. J.H. – Vancouver Provincial Court

Charge: Mischief Under $5000.,br> Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.

R. vs. B.C. – Vancouver Provincial Court

Charge: Mischief Under $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier provided information about our client to Crown counsel and was able to persuade Crown that there was no public interest in prosecuting this matter. No charge approved. No criminal record.

R. vs. W.F. – Richmond Provincial Court

Charge: Assault.
Issue: Whether this road rage incident was a criminal offence or a consensual fight.
Result: Mr. Johnson was able to present Crown counsel with video evidence which confirmed that the complainant had engaged in a consensual altercation. Stay of proceedings. No criminal record.

R. vs. K.Y. – Surrey Provincial Court

Charge: Assault Causing Bodily Harm.
Issue: Whether the 18 month jail sentence Crown had sought was reasonable in all the circumstances.
Result: Mr. Johnson provided information to the Crown and Court and ultimately persuaded the trial judge to sentence our client to a 7 month conditional sentence , followed ny 18 months probation. No jail.

R. vs. G.W. – North Vancouver RCMP Investigation

Charge: Assault with a weapon.
Issue: Whether there was sufficient evidence to support a criminal prosecution.
Result: Mr. Johnson was able collect information from a defence witness and represent to police that our client should not  be prosecuted. Police concluded their investigation without recommending any criminal charge against our client. No criminal record.

R. vs. J.S. – Vancouver Provincial Court

Charge: Assault with a Weapon.
Issue: Given the rehabilitative steps we directed our client to complete, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to not approve any charge prior to the scheduled first court appearance. No criminal record.

R. vs. S.L. – Port Coquitlam Provincial Court

Charges: Possession of a loaded prohibited firearm; Unlawful storage of firearms.
Issue: Whether the warrant used to search our client's premises was lawful; whether our client posed a risk to re-offend.
Result: Mr. Mines was able to point to potential flaws in the warrant and police search which culminated in Crown's agreement to not pursue their original sentencing position of a 2-3 year jail sentence. Rather, the court accepted a joint submission of a 12 month conditional sentence with a curfew for the first six months. No jail.

R. vs. M.K.A. – Vancouver Provincial Court

Charges: Assault with a Weapon (x2).
Issue: Whether it was in the public interest for the court to grant our client a conditional discharge.
Result: Mr. Mines was able to direct our client through a course of rehabilitative counselling, and after hearing Mr. Mines' submissions, the trial judge granted our client a conditional discharge. No criminal conviction.

R. vs. K.D. – Vancouver Provincial Court

Charges: Assault (domestic).
Issue: Given the rehabilitative steps that we were able to guide our client through, whether there was a public interest in continuing with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to amend the bail condition to allow "permissive contact" with the complainant, and after providing Crown with a report from our client's psychologist Crown counsel ended the prosecution. Stay of proceedings. No criminal record.

R. vs. J.L. – Vancouver Provincial Court

Charges: Sexual assault; Unlawful Confinement; Assault by Choking.
Issue: Given the impact of the additional evidence that Mr. Johnson provided to Crown counsel, whether there was a substantial likelihood of a conviction.
Result: Crown counsel agreed that the new evidence significantly undermined the strength of the case.  Crown counsel entered a stay of proceedings, bringing the prosecution to an end. No jail. No criminal record.

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.