Dangerous Driving Lawyer in Brampton

In most cases, charges of Dangerous Operation will fall on drivers of cars or motor vehicles. To be found guilty of the Dangerous Operation charge, the prosecutor must show that the car was being driven by the accused, or that the accused had “care or control” of the vehicle. If the accused is found in the driver’s seat, there is a presumption that they had care or control.

Furthermore, the prosecutor does not need to show that the accused intended to drive dangerously. The courts assess whether somebody was driving dangerously using a marked departure standard: i.e. whether the accused’s conduct was a marked departure from the standard expected of a reasonably prudent driver in the accused’s circumstances. One’s professional driving skill can be imputed into the reasonably prudent driver. For example, in R. v. Tabanao, [2020] O.J. No. 2591, the accused worked as a driver for a transportation company, and, while driving a tractor-trailer, caused a multiple-vehicle collision which led to several deaths and injuries. The Court recognized that truck drivers are held to a higher standard of care due to the higher risk posed by trucks, and the specialized training required to drive them. In terms of what constitutes a “marked departure”, high rates of speed are often sufficient to satisfy this requirement. For example, in R. v. Galletta, [2020] O.J. No. 334, the accused was found guilty of Dangerous Operation when he lost control of his vehicle while driving 100km/h over the 80km/h speed limit. Even though the accused was driving at such speeds out of fear after being assaulted and chased, the Court found that a reasonably prudent driver would have listened to the numerous pleas from the passengers to slow down.