Criminal Code: Section 320.13
Dangerous Driving
Criminal Code: Section 320.13
Dangerous Driving
Overview
Dangerous driving is an offense where a person operates a vehicle in a manner deemed dangerous to the public, depending on the circumstances. To prove this offense, it must be demonstrated that the driving was objectively dangerous, meaning assessing the risks rather than the consequences (R. v. Roy, 2012 SCC 26). Furthermore, it is necessary to show that the accused deviated significantly from the expected standard of driving. In other words, it must be more than mere negligence. The analysis focuses on whether a reasonable person could have anticipated the risk and acted accordingly.
Legal Consequences
The penalties for dangerous driving vary significantly depending on the consequences of the offense. For example, a young man pleaded guilty to dangerous driving causing death after causing a fatal accident in which one of his friends lost her life. He was driving with summer tires at -5 degrees Celsius, at an excessive speed of 111 to 118 km/h in areas with speed limits of 50 km/h and 70 km/h, while weaving between cars and having consumed alcohol. For these actions, he was sentenced to 41 months in prison (R. v. Mansour, 2019 QCCQ 277). This example illustrates how severe the consequences can be, especially when lives are at stake.
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