Dangerous driving is a criminal offence. It means driving in a way that puts the public at risk and is a marked departure from what a careful driver would do in the same situation. The Crown does not have to prove you meant to drive dangerously.
A conviction leaves you with a permanent criminal record and up to 10 years in prison when no one is hurt, 14 years if someone is injured, and life if someone dies. In Calgary, a dangerous driving charge can be negotiated down to careless driving under the Traffic Safety Act, a provincial offence with no criminal record.
KEY TAKEAWAYS
- An accident alone is not proof of dangerous driving. Judges look at how you were driving, not just the result.
- A brief lapse in focus, an unexpected medical event, or a Charter violation by police can each defeat a dangerous driving charge.
- Do not give police a statement without a lawyer, and write down the road, weather, and vehicle conditions while they are fresh.
- If police hold you for a bail hearing, it must happen within 24 hours. Your case is then heard at the Calgary Courts Centre.
- Even with no injuries, a criminal record can block jobs, threaten a professional licence, and complicate travel to the United States.
ABOUT CALGARY CRIMINAL DEFENCE LAWYER CORY WILSON
Cory Wilson has spent more than 16 years defending people charged with dangerous driving and other criminal driving offences in Calgary and has appeared at every level of court in Alberta. He earned his J.D. from the University of Calgary Faculty of Law, articled at Bennett Jones LLP, and trained under Willie deWit Q.C., now a judge of the Alberta Court of Appeal, and the late Hersh Wolch Q.C.
He is a member of the Law Society of Alberta, the Canadian Bar Association, and the Legal Education Society of Alberta. He holds a 4.9 rating across more than 130 Google reviews, is rated among Calgary’s top criminal defence lawyers by Three Best Rated and Calgary’s Best Rated, and has had his cases featured in the Calgary Herald.
On driving files, his record includes a client charged with impaired driving after he veered off the road and crashed into a fence. Police smashed his window to remove him from the vehicle and arrested him. Cory found that officers had taken several unlawful steps during the arrest and told the Crown it could not win at trial. The charges were withdrawn in exchange for a peace bond, leaving the client with no criminal record.
Outcomes like that are built early. Driving cases turn on the evidence police gather and how they gather it, and the Crown’s willingness to reduce or withdraw a charge is shaped by the weaknesses the defence finds in the disclosure. Cory reviews every piece of that evidence, from speed estimates and road conditions to witness statements and police conduct, and puts the problems in front of the Crown while the charge can still be reduced or withdrawn.
Dangerous driving charges arise in a few ways: excessive speed on a highway or rural road, a collision that caused injury, weaving through traffic, street racing, or a moment of distraction behind the wheel. Each one leaves a record of police notes, witness statements, photos, and video, and each one is a place where the Crown’s case can break. Cory has represented clients after a high-speed crash on a rural highway and after a fatal collision with a pedestrian, found the gaps in each, and put them before the Crown.
If you have been charged with dangerous driving or police have asked you to come in for a statement, speak to a lawyer before you say anything. Call 403-978-6052, 24 hours a day, 7 days a week, for a free consultation. Flexible payment plans are available.
WHAT IS DANGEROUS DRIVING?
Dangerous driving is a criminal offence under section 320.13 of the Criminal Code. The offence involves operating a vehicle, boat, aircraft, or train in a way that is dangerous to the public, given the circumstances at the time.
Here are a few basic facts about the dangerous driving laws:
- The Crown does not need to prove you meant to drive dangerously.
- It only needs to prove your driving was a marked departure from how a careful, reasonable driver would act in the same situation.
- An accident alone is not proof of dangerous driving.
- Judges look at the manner of driving, not just the result.
Behaviour that commonly leads to a dangerous driving charge includes:
- Excessive speed for the road conditions.
- Street racing or performing stunts.
- Driving while distracted by a phone or other device.
- Weaving through traffic or repeatedly crossing lane lines.
- Ignoring traffic signals or a police officer’s direction to stop.
A single moment of poor judgment does not always meet this high legal bar. This is one of the reasons an experienced lawyer matters so much to the outcome of your case.
“Clients often tell me they never meant for anything bad to happen, and I believe them. But dangerous driving is not about what you intended. It is about how you were driving. The Crown must prove you drove in a way that was a serious departure from what a careful driver would do.”
Cory Wilson, Criminal Defence Lawyer
WHAT HAPPENS IF YOU ARE CONVICTED?
The penalty depends on how the Crown prosecutes the charge and whether anyone was hurt or killed:
|
CIRCUMSTANCE |
MAXIMUM PENALTY |
|---|---|
| No injury, Crown proceeds summarily | $5,000 fine and/or 2 years less a day in jail |
| No injury, Crown proceeds by indictment | 10 years in prison |
| Causing bodily harm | 14 years in prison |
| Causing death | Life in prison |
A conviction can also bring a driving prohibition of up to 10 years on top of any jail time, and a permanent criminal record.
Even with no injuries, however, the consequences of a criminal record can follow you for the rest of your life:
- It can block certain jobs.
- It can threaten a professional licence.
- It can complicate travel to the United States.
- It can threaten your immigration status if you’re not Canadian.
- It can increase your insurance premiums.
This is why an early, strategic defence from Cory Wilson matters in any dangerous driving case.
WHAT SHOULD YOU DO RIGHT NOW?
A few steps early in a dangerous driving case can help protect you:
- Don’t give a statement without a lawyer present. Anything you say to police, even casually, can become part of the Crown’s case against you.
- Write down what happened while it’s fresh. Note the road conditions, weather, and anything unusual about your vehicle before your memory fades.
- Keep your court dates and undertaking conditions. If you’ve already been charged and released, note the key dates and conditions you need to follow.
- Call a criminal defence lawyer before your first court appearance. Early legal advice can shape how the Crown treats your file from the start.
Cory can negotiate with the Crown on your behalf. Taking these steps can help limit the consequences.
HOW CAN CORY WILSON HELP?
Most people arrested for dangerous driving in Calgary are taken to a police station for booking. They are often released on an Undertaking with conditions or held for a bail hearing.
If police hold you for a bail hearing, you will stay at the Calgary Police Service Arrest Processing Section at Spyhill until the hearing, which must happen within 24 hours. Cory can speak with the bail Crown and argue for your release.
Almost every Calgary dangerous driving case moves through the Calgary Courts Centre at 601 5 Street SW:
- Less serious matters are heard in the Alberta Court of Justice.
- More serious charges may proceed in the Court of King’s Bench of Alberta.
The courts are located in the same building, and Cory Wilson is very familiar with them both.
HOW WILL CORY WILSON DEFEND YOU?
Your defence begins in earnest when Cory obtains the Crown’s disclosure package. This contains all the evidence against you. Cory reviews this line by line, looking for weaknesses in the evidence and any breach of your Charter rights.
He meets with Crown Prosecutors on a without-prejudice basis. That means nothing discussed can be used against you. He will explain any problems with the Crown’s case, with a view to negotiating a pre-trial resolution in your favour.
Depending on the discussions, this strategy can lead to:
- A reduction to a charge under the Traffic Safety Act.
- The prevention of a criminal record.
- A full withdrawal of the charge before trial.
Cory tells you honestly which of these outcomes is realistic before you make any decision.
“In one case I handled, my client was facing a dangerous driving charge that came with a mandatory licence suspension and a criminal record if convicted. We went through the disclosure, pushed hard in negotiations, and got the charge reduced to careless driving under the Traffic Safety Act instead. He walked away with a small fine and no record. The Criminal Code isn’t the only place a driving file can end up, and knowing how to move it into provincial territory is often the biggest difference a lawyer makes.”
Cory Wilson, Calgary Criminal Defence Lawyer
WHAT ARE THE BEST DEFENCES FOR DANGEROUS DRIVING?
The right defence depends on the facts of your dangerous driving case.
Some of the most common defences include:
- No marked departure. A minor lapse in judgment is not enough for a conviction. The Crown has to prove your driving was a serious departure from the standard of a careful driver.
- Momentary inattention. A brief lapse in focus, rather than an ongoing pattern of dangerous conduct, is often not enough to support a conviction.
- Unexpected medical event. A seizure, blackout, or other sudden medical episode you could not have predicted may explain the driving pattern.
- Charter violations. If police unlawfully stopped, searched, or arrested you, the evidence gathered against you may be thrown out.
Cory will assess which defences fit the facts of your case during your free consultation.
SUCCESSFUL RESULT: DANGEROUS DRIVING CHARGE REDUCED TO CARELESS DRIVING
Cory Wilson represented a client who was driving on a rural highway at more than double the speed limit.
He lost control on a turn, went airborne, and crashed into a farmer’s field after clearing a river:
- The police charged him with dangerous driving.
- That offence carries a criminal record and an automatic one-year driving suspension if convicted.
- Cory Wilson entered lengthy resolution discussions with the Crown Prosecutor.
- He negotiated the criminal charge down to careless driving under the Traffic Safety Act.
The result: The client walked away with no criminal record and a small fine, instead of a life-altering conviction.
Although past results don’t guarantee future outcomes, Cory works to prevent a record for criminal driving charges in Calgary.
See more of our recent driving case results.
TESTIMONIALS
Recent clients have said this about us.
Couldn’t have gotten a better lawyer
“Cory was very professional and very kind. He always got back to us quickly whenever we had questions for him, and we kept on saying we couldn’t have gotten a better lawyer. Even after everything, he said if there was any trouble or misunderstanding, to contact him. He ended up getting a great deal for us and our situation. We will be forever grateful. Thanks, Cory.”
— C.K.
The outcome I was looking for
“From our very first meeting, Cory was always professional and showed he has a deep understanding of the law. He was attentive to my concerns and was able to explain complex legal concepts in a way that was easy to understand. His expertise was evident in the way he handled my case, resulting in the outcome I was looking for. If you’re looking for a lawyer who is not only professional but also knowledgeable and effective, Cory is the one to choose.”
— N.M.
Like no other lawyer I have ever seen
“From the first time I saw Cory Wilson in court on someone else’s matter, I knew Cory was like no other lawyer I have ever seen. He is amazing, and I’m very surprised to be saying that. Cory, thank you from the bottom of my heart for the willingness to defend me in one of the hardest times of my life.”
— P.M.
Read more client reviews. Remember that past results do not guarantee future outcomes.
RELATED OFFENCES
Dangerous driving charges are commonly laid alongside, or reduced to, these offences:
- Careless driving. A provincial offence under the Traffic Safety Act. It carries a fine and demerit points but no criminal record, which is why it is the most common negotiated outcome for a dangerous driving charge.
- Impaired driving. Police add impaired or over 80 charges when they suspect alcohol or drugs played a part in the driving.
- Failing to stop for police. Driving away from an officer who signals you to stop is a separate criminal offence, and the driving that follows can lead to a dangerous driving charge.
- Hit and run. Leaving the scene of a collision without stopping is charged separately from the driving that caused it.
- Criminal negligence causing bodily harm or death. The Crown can lay this more serious charge when a collision injures or kills someone.
- Driving while disqualified. Driving during a prohibition imposed after a dangerous driving conviction is a new criminal charge.
Each charge has its own penalties and defences. Cory reviews every charge on your file together, because resolving one can change the outcome of the others.
FREQUENTLY ASKED QUESTIONS
CAN I LOSE MY LICENCE IF I AM CONVICTED?
Yes. A judge can order a driving prohibition on top of any other sentence. It can last up to 10 years, plus any time spent in jail, if no one died. If the driving caused a death, there is no maximum length.
CAN A DANGEROUS DRIVING CHARGE BE REDUCED WITHOUT GOING TO TRIAL?
Yes. Cory can negotiate with the Crown Prosecutor before trial. This can end with a plea to a non-criminal charge under the Traffic Safety Act, but that depends on the circumstances.
DO I NEED A LAWYER IF NO ONE WAS HURT?
Yes. Even without injuries, a conviction still results in a criminal record that can affect your job, travel, immigration status, and insurance for years to come.
WHAT IF THE ACCIDENT WAS NOT REALLY MY FAULT?
Fault for the collision and dangerous driving are not the same legal question. To convict you, a judge must find that your driving was a marked departure from a reasonable standard, not just that a crash happened.
LEGAL REFERENCES
- Dangerous operation, Criminal Code, RSC 1985, c C-46, s 320.13
- Punishment for dangerous operation, Criminal Code, RSC 1985, c C-46, s 320.19
- Punishment in case of bodily harm, Criminal Code, RSC 1985, c C-46, s 320.2
- Punishment in case of death, Criminal Code, RSC 1985, c C-46, s 320.21
- Prohibition order, Criminal Code, RSC 1985, c C-46, s 320.24
- Traffic Safety Act, RSA 2000, c T-6
CONTACT US FOR A FREE, NO-OBLIGATION CONSULTATION
Every person charged with a criminal offence deserves skilled representation, regardless of their economic background.
During your free consultation, we will discuss the charges, possible outcomes, defences, and legal fees. We will also explain all the steps ahead, so you know what to expect.
