Dangerous Driving

Dangerous Driving 2020-02-19T18:11:41+00:00

Dangerous Driving Offence in Calgary

Dangerous Driving Offence in CalgaryIn 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.

Dangerous Driving FAQ 

  1. What is dangerous driving?
  2. What are the best defences to a dangerous driving charge?
  3. How can I get my dangerous driving charges dropped?

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After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
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Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
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Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
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I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
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Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
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I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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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. He is the Top Lawyer in the Calgary area. I highly recommended him to anyone facing traffic charges.

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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.

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