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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. C.L. – Civil Fraud Investigation

Charge: Fraud/Theft from employer.
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to negotiate repayment on our client's behalf and obtained a civil release from the employer. No charges were forwarded to Crown counsel. No criminal record.

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

Charges: Assault with a weapon; assault causing bodily harm.
Issue: Given elements of provocation, a potential defence of self-defence, and our client's background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client succesfully completing the Alternative Measures Program. No criminal record.

R. vs. B.L. – New Westminster Supreme Court (jury).

Charges: Assault with a weapon; assault causing bodily harm.
Issue: Given elements of provocation, a potential defence of self-defence, and our client's background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client successfully completing the Alternative Measures Program. No criminal record.

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

Charges: Fraud Over $5000; Theft Over $5000 (from employer).
Issues: Whether Crown counsel could prove the full amount of the alleged theft and whether our client would be sentenced to jail in this breach of trust case.
Result: Mr. Mines was able to persuade Crown counsel that they could only prove a $49,000 theft rather than the $75,000 allegation. After hearing Mr. Mines' submissions, the Court sentenced our client to an 18 month conditional sentence order. No jail.

R. vs. W.W. – North Vancouver Provincial Court

Charge: Assault causing bodily harm.
Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.
Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

R. vs. H.K. – Burnaby RCMP Investigation.

Charges: Mischief Under $5000.
Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest for police to forward charges to Crown counsel.
Result: Based on the significant collateral consequences that a criminal prosecution would bring to our client, Mr. Gauthier  persuaded police to not forward any criminal charge whatsoever.

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

Charge: Assault causing bodily harm.
Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.
Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

R. vs. K.J. – ICBC Fraud Investigation

Charges: Insurance (ICBC) Fraud.
Issue: Whether charges would be forwarded to Crown counsel.
Result: Mr. Gauthier  intervened with the ICBC investigator on our client's behalf and was able to clarify and explain the information that ICBC had flagged as being possibly fraudulent. The matter was resolved with no charges being forwarded to Crown counsel. No prosecution; no criminal record.

R. vs. M.H. – Employee Fraud Investigation

Charges: Theft from Employer.
Issue: Whether the complainant would proceed with a criminal complaint when they discovered $65,000 in fraudulent transactions purportedly committed by our client.
Result: Mr. Johnson was able to successfully negotiate a civil settlement on our client's behalf. No police investigation; no charges; no criminal record.

R. vs. A.C. – Richmond Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings upon our client completing the Alternative Measures Program. No criminal Record.

R. vs. N.A. – Vancouver Traffic Court

Charges: Speeding (MVA).
Issue: Whether the police officer could prove that our client was speeding, and whether it was in the public interest to proceed with the trial.
Result: Mr. Gauthier was able to provide information to the police investigator that led to the officer withdrawing the violation ticket prior to the trial. The lack of this conviction prevented our client from a significant driving prohibition.

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

Charges: Aggravated assault; assault with a weapon.,br> Issue: Given the information Mr. Johnson was able to provide to Crown counsel, whether it was appropriate to contnue with the prosecution on the approved charges.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser charge of assault causing bodily harm. After hearing Mr. Johnson's submissions on our client's behalf, the trail judge sentenced our client to a suspended sentence with 24 months probation. Our client was able to avoid a lengthy jail sentence.

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.