Dangerous or reckless driving is a serious criminal offence in Alberta that can lead to severe penalties, including jail time, fines, and a driving suspension. If you are facing dangerous driving charges in Edmonton, hire an experienced criminal defence lawyer like Geoff Green to help defend your case.
Understanding Dangerous Driving in Alberta
Under the Criminal Code of Canada, dangerous driving is operating a vehicle that poses a risk to the public.
Dangerous driving, whether it involves speeding, running red lights, or other unsafe driving behaviours, is a serious charge that can carry criminal penalties. This offence differs from minor traffic violations, like speeding, failure to signal, or careless driving, as it is considered reckless behaviour that endangers others on the road.
In Alberta, the charge of dangerous operation can apply to a range of behaviours, from momentary lapses in attention to more deliberate actions. Dangerous driving is often charged when accidents result in bodily harm or property damage, but even near misses or reckless driving habits can lead to criminal charges.
Consequences of a Dangerous or Reckless Driving Conviction
A conviction for dangerous driving can result in harsh penalties that may impact your freedom, employment, and future. Dangerous driving is a hybrid offence, which means it can be prosecuted as either a summary offence or an indictable offence, depending on the severity of the case. The potential penalties can include:
| Penalties | Details |
| Fines | Up to several thousand dollars |
| Driving Suspensions | Can last months or even years |
| Imprisonment | Up to 14 years if the offence causes bodily harm and up to life imprisonment if it causes death |
| Criminal record | Can affect your ability to travel, secure employment, and more |
Because of the serious nature of these charges, having a knowledgeable lawyer like Geoff Green is essential. Geoff has over 25 years of experience in criminal law and understands how to challenge the evidence and advocate for a reduced sentence or dismissal of charges.
Have you been charged with Dangerous or Reckless Driving in Edmonton?
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Get a Free ConsultationDriving Offences and the Criminal Code
Dangerous driving charges fall under Section 320.13 of the Criminal Code of Canada.
This section covers a wide range of criminal driving offences, including impaired driving, failing to stop at the scene of an accident, and driving without due care and attention which form a part of dangerous operation. In these cases, the prosecution must prove that the driver operated their vehicle in a manner that significantly deviated from the standard of care expected of a reasonable driver, also referred to as a “marked departure” but not just a “mere departure”.
It is essential to have an experienced driving offence lawyer like Geoff Green, who understands how to challenge the prosecution’s case and provide a strong defence. Geoff will carefully examine the details of your case, including the road conditions, traffic patterns, and other factors that may have contributed to the alleged behaviour.
Defending Against Dangerous or Reckless Driving Charges in Alberta
When defending against dangerous driving charges, Geoff Green will develop a strategy that fits the unique facts of your case. A successful defence often involves challenging the prosecution’s evidence, questioning witness statements, or showing that your driving did not pose a real danger to others.
Possible defences include:
- Arguing that the driving was not “dangerous” by legal standards – Geoff can present evidence showing that your driving, while imperfect, did not meet the threshold for criminal dangerousness either due to the act itself or a lack of intention.
- Challenging the accuracy of police reports or witness statements that claim reckless behaviour.
- Proving external factors, such as weather or road conditions, played a significant role in the incident
- Necessity: showing that you were compelled to drive in this way because of an emergency or to avoid a greater harm to you or your property.
- Mistake of fact: driving dangerously only because of mechanical failure for example.
With over two decades of experience in criminal defence, Geoff Green has a history of achieving positive results for his clients. He knows how to build a solid case and fight for the best possible outcome, whether that means reduced charges, lesser penalties, or an outright acquittal.
The Importance of Legal Representation in Dangerous Driving Cases
Experienced legal representation is critical in dangerous or reckless driving cases because the stakes are high.
A criminal driving conviction can have life-altering consequences, from losing your driver’s licence to facing jail time. Additionally, a criminal record can make it difficult to find employment, obtain insurance, or travel internationally.
Geoff Green offers a free consultation to review your case, discuss your legal options and offer potential defences. This initial meeting is an opportunity for you to get sound legal advice on how to proceed with your case and learn about the legal strategies available to defend against dangerous or reckless driving offences.
Driving Suspensions and Alberta’s Traffic Safety Act
Dangerous driving charges often result in a suspension of your driver’s licence, both as a penalty and as part of Alberta’s Traffic Safety Act. The Traffic Safety Act governs road safety and driving offences in the province, and dangerous or reckless driving can lead to administrative penalties even before your case goes to court.
If convicted, you could face a lengthy suspension, which may interfere with your ability to work or care for your family. In addition to criminal penalties, a driving suspension can result in:
- Higher insurance premiums
- Difficulty commuting or working, particularly if driving is essential to your job
- Restrictions on your personal freedom and mobility
Geoff Green understands the significant impact a driving suspension can have on your life. He will work to challenge the suspension and seek the shortest possible duration or alternatives, such as restricted licences that allow for limited driving privileges during the suspension period.
Have you been charged with Dangerous or Reckless Driving in Edmonton?
It’s essential to act quickly and secure legal representation.
Get a Free ConsultationDangerous Driving and Causing Bodily Harm or Death
Dangerous driving becomes a much more severe charge when it results in injury or death. Under the Criminal Code, dangerous driving causing bodily harm or death can lead to lengthy prison sentences and devastating consequences for everyone involved.
In these cases, the prosecution will often push for the harshest penalties, especially if the incident involves multiple victims or a high degree of recklessness. If you are facing charges of reckless driving causing bodily harm or death, it is crucial to work with an experienced defence lawyer like Geoff Green, who can:
- Challenge the severity of the charges – Geoff will scrutinize the evidence to determine if the driving truly meets the legal standard for causing bodily harm or death.
- Negotiate with prosecutors to potentially reduce the charges or seek alternatives to prison sentences, such as probation or community service.
- Represent you in court to fight for the best possible outcome, whether that means reduced charges, a lighter sentence, or even dismissal of the charges.
The Impact of a Criminal Driving Conviction on Your Future
A criminal record for reckless driving can have long-term consequences that extend far beyond the courtroom. Beyond the fines, imprisonment, and driving suspension, a conviction can affect your personal and professional life for years to come. A criminal record may limit your:
- Employment opportunities – Many employers are reluctant to hire individuals with criminal records, especially for jobs that require driving.
- Ability to travel – A conviction can make it difficult to enter other countries, including the United States.
- Insurance premiums – A criminal driving offence can lead to significantly higher car insurance rates or even disqualification from obtaining coverage.
- Immigration consequences: IRCC may get involved with a person who is convicted and sentenced to 6 months or more of jail time.
Geoff Green understands how overwhelming this situation can be and will fight to protect your future. By providing a strong defence and challenging the evidence, Geoff will aim to prevent a conviction or mitigate the impact of the charges on your life.
Frequently Asked Questions about Dangerous or Reckless Driving Charges in Alberta
Is reckless driving always considered a criminal offence in Alberta?
Yes, reckless driving is a criminal offence under the Criminal Code of Canada. Unlike minor traffic offences such as speeding tickets, dangerous driving can result in a criminal record, significant fines, and possible jail time if convicted.
Can a dangerous driving offence lead to a driving prohibition?
Yes, a conviction for dangerous driving in Alberta can lead to a court-ordered driving prohibition. This may range from one year to several years, depending on the severity of the offence, and can significantly impact your ability to drive in the future.
How are these charges different from careless driving charges in Alberta?
Dangerous driving is a criminal charge under federal law, meaning it carries harsher penalties, including jail time and a criminal record. On the other hand, careless driving is a provincial offence that may result in fines, demerits, and licence suspensions, but it is not typically a criminal offence.
Can you be charged with dangerous driving for speeding?
Yes, excessive speeding in a manner that endangers the public can lead to a dangerous driving offence in Alberta. If your driving is deemed reckless enough to pose a risk to others, you could face criminal charges, not just a speeding ticket.
Will a dangerous driving conviction affect my insurance rates?
Yes, a dangerous or reckless driving conviction will significantly increase your insurance premiums. In addition to hefty fines and a criminal record, insurance companies view reckless driving as a serious offence, often leading to higher rates or even cancellation of your policy.
Free Consultation with an Experienced Edmonton Criminal Defence Lawyer
If you are facing dangerous or reckless driving charges in Edmonton or anywhere in Alberta, it is essential to act quickly. Geoff Green offers a free initial consultation to discuss the details of your case and provide expert legal advice on how to proceed. With over 25 years of experience, Geoff will fight to protect your rights, challenge the prosecution’s case, and pursue the best possible outcome for you.
Call today to schedule your free consultation with Geoff Green, an experienced criminal defence lawyer in Edmonton, and take the first step in defending your case.