What Are Driving Offences?

Driving offences under the Criminal Code of Canada are very different from driving charges under the Traffic Safety Act in Alberta.

Driving offences under the Criminal Code of Canada, have more severe consequences including a criminal record, and in more severe cases, a jail sentence.

Additionally, Driving Offences are not just restricted to the operation of a motor vehicle. You can be charged with a driving offence, while operating a conveyance in a prohibited manner, which include:

  • A motor vehicle;
  • A seagoing vessel;
  • An aircraft; and
  • Railway equipment.

Different Types of Driving Offences under The Criminal Code of Canada

  • 320.13(1) – Dangerous Operation
  • 320.13(2) – Dangerous Operation Causing Bodily Harm
  • 320.13(3) – Dangerous Operation Causing Death
  • 320.18(1) – Operating a Conveyance While Prohibited
  • 320.14 – Operating a Conveyance While Impaired
  • 320.15 – Refusal to Comply With A Demand

Consequences for Driving Charges

S.320.22 of the Criminal Code of Canada, lists out the following as aggravating factors for an offence:

(a)     bodily harm to, or the death of, more than one person;
(b)     street racing;
(c)     the offender’s conveyance contained children under 16;
(d)     the offender was being paid to drive;
(e)     the offender’s blood alcohol concentration at the time of the offence was 120mg% or greater;
(f)     the offender operated a large motor vehicle; and
(g)     the offender lacked driving privileges.

Additionally, if alcohol played a part in the offence, this too is considered as an aggravating factor.

In the current legislation, all alcohol and drug driving offences carry minimum penalties, which disqualify them from suspended sentences and discharges. This means, if convicted, you will have a criminal record.

Some charges may be resolved by way of a fine.

Other charges may be resolved by way of a Conditional Sentence Order, or more commonly known as House Arrest.

Depending on your charge, there are a number of ways to resolve your matters without going to jail.

Prohibitions and Orders When Convicted of a Driving Offence Charge

The Court may order the offence-related property, such as the vehicle involved in the commission of the driving offence be forfeited, after a notice has been given to the interested parties.

The court may prohibit you from driving for a specific duration depending on the severity of your charges.

The Driving Prohibition can range usually from 0-3 years, to more severe driving charges where the Driving Prohibition can be for life.

The Court may order Restitution for damage or loss of property in certain cases.

The Court may order a DNA order against you, where you have to submit your DNA at a police station to be registered in the national DNA databank.

How Can Shory Law LLP Help?

Our criminal defence lawyers have years of experience studying and practising in this area of law. We will communicate with the Police, the Crown, and the Court on your behalf, to ensure the best resolve of your case, in an effective and efficient manner.

If you are facing a driving offence charge, come see one of the lawyers at Shory Law LLP. Let our knowledge and experience guide you and let us help you navigate through the Criminal Justice System.

There are numerous ways to resolve your charges, including having the charges:

  • Withdrawn or Stayed;
  • Dealt with by way of a fine;
  • Dealt with through Probation;
  • Dealt with through a Conditional Sentence Order (House Arrest); and
  • Dealt with a short jail sentence.

Every client is our priority, and we will work closely with you to resolve your charges in the best way possible. In dealing with your charges our top priorities are:

  1. To avoid a jail term;
  2. To avoid a Criminal Record; and
  3. To avoid negative immigration consequences.
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Shory Law LLP Is Here to Help against Your Driving Offence

Contact us today for a FREE CONSULTATION and speak to one of our criminal lawyers immediately to take the next appropriate steps in dealing with your charges. Call us today at: +1 (403) 216-1199 or click the button below to fill out an online form and our office will reach out to you directly!

FAQs

Do driving offences show on criminal record?

If you have been charged and convicted under the Criminal Code of Canada, for a driving offence, the conviction will always remain on your record. However, you could apply for a Record Suspension to get the conviction expunged from your Criminal Record.

How long does a driving Offence stay on your criminal record?

If you have been charged and convicted under the Criminal Code of Canada, for a driving offence, the conviction will always remain on your record. However, you could apply for a Record Suspension to get the conviction expunged from your Criminal Record.

What falls under careless driving?

The offence of careless driving is committed when a driver drives without reasonable care or attention to other drivers. It is an offence under the Highway Traffic Act.

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