What are the best defences to a dangerous driving charge?

>>>What are the best defences to a dangerous driving charge?

female driver texting and driving

The best defence to your dangerous driving charge will depend heavily on the unique circumstances of the offence. To find out the best defence to your charges, you should contact one of our criminal defence lawyers as soon as possible. We will fully review your case and will provide you with an opinion as to how we can best defend your dangerous driving charge.

One common way to defend a dangerous driving charge is to argue that your actions were the result of momentary negligence. Because holding a personal criminally liable for dangerous driving is a very serious matter, the Supreme Court of Canada has determined that a few seconds of negligent, accidental or unintentional driving is simply not enough for a person to be guilty of this offence. If your actions were the result of momentary negligence, you may be able to avoid a criminal conviction for this offence.

Unexpected medical impairments, such as seizures, hallucinations, or blackouts, may also provide a defence to a dangerous driving charge. If you suffer from any of these medical conditions, you will not have the mental intent required to be found guilty of the offence as you had no control over your physical state and your actions. This defence would not be available if the impairment was a result of the driver’s voluntary decision not to take medication for a pre-existing condition. However, if you drove dangerously because you involuntarily or unintentionally consumed alcohol or drugs, then you may have a defence to dangerous driving. For example, if you drive dangerously after you were unknowingly drugged at a bar, you may be acquitted if you can prove that your driving was affected by the drugs.

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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.

All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.