Dangerous Driving & Street Racing Charges – Call 604-318-3838

In matters involving dangerous driving and street racing charges, our Vancouver based legal representative can assist you right now with your matter – call for free advice at 604-318-3838.

The Criminal Code of Canada defines the charges in this way:

Dangerous operation of motor vehicles
249. (1) Every one commits an offence who operates

• (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

Dangerous operation of motor vehicle while street racing
249.4 (1) Everyone commits an offence who, while street racing, operates a motor vehicle in a manner described in paragraph 249(1)(a).

 

The legal basis for a dangerous driving charge:
The basis of this charge is that a driver was operating a vehicle dangerously given the expected nature and use of the roadway at the time.  The charge largely involves the objective proof of driving which goes beyond what one would expect of a driver to become dangerous to others on or near the roadway.  This is different to other situations where you might need our hit and run lawyer.

Speed racing involves a race for speed with another vehicle on a roadway.  This charge involves the proof that a driver was actually racing and not simply driving quickly.

Upon conviction, unlike in impaired driving charges, a criminal record might still be avoided as absolute or conditional discharges are available under the law.  A driving prohibition is also discretionary but often ordered as part of the sentence, depending upon the facts and circumstances.  If an accident occurred in the process there may be additional civil repercussions and ICBC may not indemnify you for any property damage or injury claims if you are convicted.  Therefore the repercussions of being convicted can be enormous.

 

Defences to a dangerous driving charge:
The defences to a dangerous driving are all different depending on the nature of the evidence.  Sometime when the vehicle involved is not immediately located or stopped by the police they involve the lack of proof of the actual identity of the driver at the time of the offence.  Other times they involve showing the Court through evidence that the manner of driving involved only a momentary act of negligence.

To best determine your defence for this charge you should contact our Vancouver Criminal lawyer, Jamie Butler, to discuss the unique facts and circumstances that may apply to your case that may create a defence for you.

Call us at 604-318-3838 (24 hours and 7 days a week) and we can arrange a FREE LEGAL CONSULTATION regarding the possibility of negotiating a plea to your criminal and/or driving charges.   Alternatively we also offer a FREE LEGAL EVALUATION of your criminal case by your sending us a brief written description of your case by CLICKING HERE .

 

Plea deals available to a dangerous driving charge:
Often times, though not every time, our Vancouver/kitsilano-based lawyer, Jamie Butler, is able to secure a plea negotiation for a substitutional charge to be added so that you plead guilty to a Motor Vehicle Act offence (such as “undue care and attention”) instead of a criminal dangerous driving charge.  For most information about plea negotiations, the avoidance of a criminal record and retaining your privilege/right to drive CLICK HERE