Dangerous Driving Defence Lawyers Calgary

Dangerous Driving Defence Lawyer in Calgary

In order to convict you of danger driving, the Crown must prove the following elements of the charge:

  • You drove a motor vehicle
  • The way you drove that motor vehicle was dangerous to the public in all the circumstances
    • The Judge will consider the condition and use of the place where you were driving
    • The volume of vehicle and pedestrian traffic that was present or might reasonably have been present at the time of driving
  • That your state of mind was much more careless than a reasonable person’s mind would have been at the time

It is also important to consider the following points:

  • The fact that you were involved in a serious accident that caused property damage or personal injury does not necessarily mean that you drove dangerously
  • The fact that nobody was injured or no property was damaged as a result of your driving does not necessarily mean you cannot be found guilty of dangerous driving

The focus is on the way you drove and your state of mind, not just the consequences of your driving.

Bail Conditions for Dangerous Driving

When you are charged with dangerous driving, the police or Crown will often seek a condition that you “not be found behind the wheel of any motor vehicle”: a condition that amounts to a driving prohibition

Defending Dangerous Driving Charge

We will give you the legal representation you need when you are charged with this serious offence. We will carefully review the entire police file, which may include expert reports of a traffic reconstructionist, witness statements, collision reports, photographs, and all other documents pertaining to your case. We will listen to your version of events, paying special attention to any evidence that bears on the following key issues:

  • Was the driving conduct was truly dangerous?
  • What is the quality of the Crown’s evidence with respect to the amount of foot and vehicle traffic at the time of the alleged offence?
  • Will the Crown be calling an expert witness to help prove the case?
  • Even if the driving pattern was dangerous, can the Crown prove that the driver had the required mental state?
  • Is there an innocent explanation for the driving pattern?
  • Can the Crown prove the identity of the driver?

After our review is complete, we will be able to give you our assessment of the Crown’s case and your options. This may include:

  • Fighting the charges at trial
  • Negotiating a plea to a less serious offence
  • Pleading guilty (if there are no defences available)

Whichever option you decide on, we will ensure your legal interests are represented with full vigor.

The Sentence

Dangerous driving is punishable by up to 5 years in jail, and/or 3 years of probation, and/or a fine of up to $5000.

A Judge can also make an order prohibiting you from driving for up to ten years. The Province of Alberta will automatically suspend your driving privileges for a period of one year.

If you choose to proceed to sentencing after we provide you our opinion of the strength of the Crown’s case, we will tailor our submissions to the court to ensure that all your positive qualities and mitigating factors are before the Judge, so that she can pass a suitable sentence.

Your insurance rates will almost certainly increase as a result of dangerous driving conviction; you should contact your insurance agency for specifics.

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Criminal Driving Offences

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Charges from outside of Calgary near Okotoks Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. Top Lawyer in the Calgary area. Recommended to anyone facing traffic charges.

starM.C.

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After being charged with impaired driving, I retained Michael and am extremely pleased with the services he provided. He is very knowledgeable, professional and understanding. Michael kept me up to date about everything that was happening with my case. Within 3 weeks all my charges were dropped.

starK.S.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Impaired Driving and Over .08, Charges Withdrawn

Calgary Provincial Court
Case Number: 7519721

Our client drove through a checkstop, indicated he had some drinks that evening, and was noted to have glassy mirrored eyes and a smell of alcohol on his breath. He failed the roadside breath test, blew .140 on the evidentiary instrument, and was charged with impaired driving and driving over .08.

Once we were retained, we set the matter for trial and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. Days before trial, we successfully negotiated the withdrawal of all charges.

Successful Result: No Criminal Record, Charges Withdrawn

Impaired Driving and Over .08, Charges Withdrawn

Calgary Provincial Court
Case Number: 5519791

Our client was observed accelerating at a high rate of speed through a parking lot. Upon stopping, the police observed that his speech was slurred, and he admitted drinking that day. He failed the roadside breath test, and was charged with impaired driving, driving over .08, and some traffic tickets.

Once we were retained, we set a trial date and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. We successfully negotiated a stay of proceedings on all criminal charges in exchange for a guilty plea to one of the traffic tickets.

Successful Result: No criminal Record, Charges Stayed

Impaired Driving and Over .08, Charges Withdrawn

Canmore Provincial Court
Case Number: 7620141

Our client was stopped by the RCMP after being observed driving erratically. He had an odour of alcohol on his breath, blood shot eyes, and admitted drinking beer earlier in the day. He failed the roadside breath test, provided further breath samples at the RCMP station, and was charged with impaired driving and driving over .08.

Once we were retained, we carefully reviewed the allegations and found what we believed to be a fatal flaw in the RCMP investigation. We contacted the Crown Prosecutor’s office, and successfully negotiated a withdrawal of all charges.

Successful Result:
No Criminal Record, Charges Withdrawn
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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.