Dangerous driving means operating a 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.”
Yes, that’s a long sentence. The reason I set out all the dangerous driving elements is to show that it can be a difficult charge for a prosecutor to prove beyond a reasonable doubt.
After all, what is driving dangerous to the public? How much traffic might reasonably be expected at a particular location? How much expected other traffic is enough traffic to then qualify for dangerous driving?
These are just some of the issues that arise in a criminal charge of dangerous driving. As you can see, dangerous driving is often not a cut and dried criminal charge. Also, just because a car accident occurred doesn’t mean the at-fault person was driving dangerously.
Street racing is a similar, yet more serious charge to dangerous driving. The Criminal Code defines street racing as “operating a motor vehicle in a race with at least one other motor vehicle on a street, road, highway or other public place.”
Street racing, like dangerous driving can be a difficult charge to prove beyond a reasonable doubt. “Racing” with another motor vehicle must be proved, and the actual operation of the vehicle must be dangerous.
However, also similar to dangerous driving, a street racing conviction can have very serious consequences.
Potential sentences for a dangerous driving conviction are:
nobody is hurt: up to 5 years in prison
somebody is hurt: up to 10 years in prison
somebody dies: up to 14 years in prison.
Potential sentences for a street racing conviction are:
nobody is hurt: up to 5 years in prison
somebody is hurt: up to 14 years in prison
somebody dies: up to life in prison
In addition to possible jail terms for dangerous driving and street racing is a criminal record, probation, and driving prohibitions.
Many things can happen to a dangerous driving charge or street racing charge. The charges could be dropped or reduced, or you could go to trial be found not guilty. The fact is if you’re charged with dangerous driving or street racing, you should talk to a dangerous driving lawyer.
Talk to a BC Criminal Defence Attorney Today
At Dykstra & Company, we offer you a 1/2 hour consultation with a criminal defence attorney for $100. Find out your options after being charged with dangerous driving or street racing. Call us at 1.877.753.4793 to schedule your consultation today.
Dangerous Driving Criminal Lawyers serving BC since 1982