10 / 12 · Criminal Code, ss. 320.13, 320.16 – 320.18
Driving Offences
Criminal driving charges can mean a record, a driving prohibition, and even jail. We take every charge seriously and examine the evidence closely.
- Dangerous operation
- Driving while prohibited
- Failure to stop after an accident
- Flight from police
What is at stake
Why this charge needs a real defence.
These are Criminal Code offences, not traffic tickets. A conviction means a criminal record and usually a driving prohibition, and where someone was hurt or killed the maximum sentences rise to 14 years and life. Insurance and employment consequences follow for anyone who drives for a living.
How it is done
How we build your defence.
- 1
Reconstruct what happened
We gather collision reports, vehicle data, dash-cam and surveillance video, and witness accounts, and consult a reconstruction expert where speed or sequence is in dispute.
- 2
Hold the Crown to the legal standard
Dangerous operation requires a marked departure from what a reasonable driver would do. A momentary lapse or simple carelessness, even with tragic results, is not automatically a crime.
- 3
Test identity and knowledge
The Crown must prove who was driving. For driving while prohibited or failing to stop, it must also prove what you knew at the time.
- 4
Seek the right resolution
Where appropriate, a criminal charge can be resolved as a provincial driving offence, which avoids a criminal record. Where the evidence is weak, we take the case to trial.
What we look for
The issues that decide these cases.
- 01
Marked departure
The difference between civil negligence and criminal driving is one of degree, and it is often contestable.
- 02
Who was driving
Registered ownership does not prove who was behind the wheel.
- 03
Knowledge
You cannot fail to stop for an accident you did not know happened, or knowingly drive while prohibited without knowing of the prohibition.
- 04
Road and vehicle factors
Weather, road design, and mechanical failure frequently explain what police attribute to driving.
Possible outcomes
What a good result can look like.
- Resolution to a Highway Traffic Act offence with no criminal record
- Acquittal where a marked departure is not proven
- Withdrawal where identity cannot be established
- A shortened driving prohibition
Every case turns on its own facts. These are examples of results that may be available, not a prediction or guarantee of the outcome in your matter.
Questions
What people ask us first.
Usually not. The Supreme Court of Canada has held that the offence requires a marked departure from the standard of a reasonable driver. A brief lapse of attention is generally a matter for provincial traffic law or civil liability, not the Criminal Code.
Yes. Knowledge is central to a charge of operating while prohibited. If the Crown cannot prove you knew of the prohibition, that can be a complete answer.
Next step
Talk to us about your driving offences matter.
A short conversation now can prevent mistakes that are hard to undo later. What you tell us is confidential.
