< View all practice areas

Dangerous Driving Charges in Canada

What the Law Says

Dangerous driving offences are governed by the Criminal Code of Canada. These charges arise when a person is alleged to have operated a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances—including speed, road conditions, traffic, and weather.

Dangerous driving is not simply a traffic ticket. It is a criminal offence, and a conviction can result in:

  • A permanent criminal record
  • Jail time
  • Lengthy driving prohibitions
  • Serious employment and travel consequences

If bodily harm or death is alleged, the penalties increase dramatically.


What Counts as Dangerous Driving?

Dangerous driving occurs when the Crown alleges that the accused drove in a way that markedly departed from the standard of care expected of a reasonable driver in the same circumstances.

Common allegations include:

  • Excessive speeding
  • Street racing
  • Aggressive or reckless lane changes
  • Running red lights or stop signs
  • Driving while distracted (including phone use)
  • Driving in a manner that endangers pedestrians or other motorists

The Crown does not need to prove intent to harm—only that the manner of driving was objectively dangerous.


Types of Dangerous Driving Charges

Dangerous Driving (s. 320.13(1))

The basic offence. Applies where the driving is dangerous but no bodily harm or death is alleged.

Dangerous Driving Causing Bodily Harm (s. 320.13(2))

Applies where the dangerous driving is alleged to have caused serious physical injury that is more than trivial or transitory.

Dangerous Driving Causing Death (s. 320.13(3))

The most serious form of the offence. Applies where the dangerous driving is alleged to have caused a fatality.

These offences often arise from serious collisions, and they are prosecuted aggressively.


Penalties and Sentencing for Dangerous Driving

Dangerous driving offences carry severe criminal penalties, particularly where injury or death is involved:

  • Dangerous Driving (no injury):
    • Up to 10 years in prison
  • Dangerous Driving Causing Bodily Harm:
    • Up to 14 years in prison
    • Mandatory driving prohibition
  • Dangerous Driving Causing Death:
    • Maximum sentence: Life imprisonment
    • Lengthy mandatory driving prohibition

In addition to jail, a conviction almost always results in:

  • A criminal record
  • Automatic driving prohibitions
  • Vehicle impoundment
  • Major insurance consequences
  • Severe immigration and travel consequences, including to the United States

Life Consequences of a Dangerous Driving Conviction

Beyond the courtroom, a dangerous driving conviction can permanently affect your:

  • Ability to drive legally
  • Employment, especially in trades, transportation, and professional driving
  • International travel
  • Insurance and financial stability
  • Personal and family relationships

For many people, the collateral consequences last far longer than any sentence imposed.


Dangerous Driving vs. Careless Driving

Dangerous driving is a criminal offence. Careless driving is a provincial traffic offence. The difference is critical:

  • Careless driving: Ticket, fine, demerits, possible license suspension
  • Dangerous driving: Criminal charge, possible jail, criminal record

Police and prosecutors sometimes overcharge dangerous driving where the facts more properly fall within traffic law. Early legal intervention is essential in these cases.


Defending Dangerous Driving Charges

Dangerous driving prosecutions often turn on technical accident reconstruction evidence and police opinion evidence. Strong defences frequently focus on:

  • Whether the driving truly amounted to a marked departure from reasonable standards
  • Flaws in accident reconstruction
  • Mechanical failure or road conditions
  • Witness reliability
  • Charter violations (unlawful detention, statements, seizure of data)
  • Whether the alleged manner of driving actually caused the collision or injuries


At KJR, we conduct a forensic review of every dangerous driving case, including:

  • Collision scene analysis
  • Dash-cam and surveillance footage
  • Vehicle data downloads
  • Expert engineering reports
  • Police reconstruction methods

Dangerous Driving FAQ

Is speed alone enough for dangerous driving?

No. Excessive speed can support a charge, but the Crown must still prove a marked departure from reasonable driving, considering all circumstances.

Do I automatically go to jail if someone is injured?

No. Jail is a real risk, but outcomes depend on:

  • Injury severity
  • Your driving record and criminal history
  • Causation
  • Strength of the Crown’s evidence
  • Available Charter defences


Can dangerous driving charges be reduced or withdrawn?

Yes. Many dangerous driving cases resolve through:

  • Reduction to careless driving
  • Charter litigation
  • Exclusion of key evidence
  • Negotiated resolutions

Early defence involvement often determines whether this is possible.

Will I lose my licence automatically?

If convicted, yes—driving prohibitions are mandatory. However, early defence work can sometimes prevent a conviction altogether.

How can you help?

At KJR, we regularly defend individuals charged with dangerous driving, dangerous driving causing bodily harm, and dangerous driving causing death across Calgary and Alberta.

These cases are high-stakes, emotionally charged, and evidence-heavy. We provide:

  • Absolute confidentiality
  • Immediate investigation-stage intervention
  • Aggressive Charter and accident-reconstruction defence
  • Strategic negotiation and trial-ready advocacy
  • A relentless focus on protecting your freedom, licence, and future

If you are under investigation or have been charged, do not give a statement to police without a lawyer. What happens in the first 48 hours can determine the entire outcome of your case.

📞 Call (587)-583-2808 today to speak confidentially with a dangerous-driving defence lawyer.