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ONTARIO DANGEROUS DRIVING

DANGEROUS DRIVING VIOLATION UNDER THE CRIMINAL CODE OF CANADA SECTION 249
Criminal Code section 249 outlines toutlines the offence as follows: “249 (1) Every one commits an offence who operates (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place; (b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea; (c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or (d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.” It is the court’s obligation to consider.
  • The area where the circumstances occurred
  • The amount of public exposure
  • The occupants of the motor vehicle
  • The Mens Rea (mental intention) of the act
  • Was the act deliberate or intentional
  • Was the act itself significantly different from the norm
CONSEQUENCES OF CONVICTION
  • The accused will face significant insurance increases
  • Upon conviction an accused will lose his/her driving privileges for one year
  • An accused may be sent to jail for up to 5 years, have a probationary period and a heavy fine
If you are facing a charge of Dangerous Driving please call and let us put our years of experience to work in helping you.