Driving Offences

There are many driving offences that exist in the Criminal Code. The available penalties for these offences can range from anything as low as an absolute discharge, up to mandatory jail time. The one constant is that if you are found guilty of any driving offence, you will face consequences well beyond those imposed by the Judge in the Courtroom. 

CONTACT OUR EXPERIENCED CRIMINAL LAWYERS IMMEDIATELY IF YOU’VE BEEN CHARGED WITH ANY DRIVING OFFENCES

It is critical to understand that being found guilty of driving offences can result in additional penalties being imposed by the Ministry of Transportation or your insurance company. A criminal record for driving offences can have many unintended consequences, and even affect employment or travel opportunities. The laws surrounding driving offences are complex, containing many rules, and twice as many exceptions to those rules. 

At Kraska Law, our team of highly experienced criminal lawyers, some of whom are former prosecutors, have defended numerous driving offences. We have the experience and requisite courtroom expertise, to fight for your rights and structure your best defence.

Defending Driving Offences

There are many driving offences contained within the Canadian Criminal Code. Each of these offences has specific elements that the Crown Attorney (Prosecutor) must prove, in order for a Judge to find you guilty of the offence. At Kraska Law our experienced criminal lawyers have an in-depth understanding of all the driving offences contained in the Canadian Criminal Code.

Common driving offences that we regularly defend:

• Impaired Driving / DUI
• Over 80
• Impaired by Drug / DUI
• Fail or Refuse to Provide Sample
• Dangerous Driving
• Flight from Police
• Fail to Stop
• Drive Prohibited

When defending driving offences, it is critical to remember that these offences do not just apply to cars. The Criminal Code makes it clear that driving offences apply to all “conveyances”. The term “conveyance” is specifically defined in the Criminal Code as:

Definitions

Section 320.11: The following definitions apply in this Part [Pt. VIII – Offences Against the Person and Reputation (s. 214 to 320.1)].

…

“conveyance“ means a motor vehicle, a vessel, an aircraft or railway equipment. (moyen de transport)

…

“vessel“ includes a hovercraft.

For further clarity Section 2 of the Criminal Code provides an additional definition as to what constitutes a “motor vehicle”:

Section 2: A vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment.

The result of these definitions is that many modes of transportation are covered by the various driving offences in the Criminal Code. For example, certain vehicles such as scooters or e-bikes can be powered either by an engine, or by pedals. Even though you do not need a license to operate these vehicles, they can constitute a motor vehicle, and may result in driving offences being laid. However, the Crown Attorney will need to prove that the scooter or e-bike was being operated by an engine at the time of the alleged driving offences.

The laws surrounding driving offences are very broad in what they cover. The reason for this is that when drafting these sections of the Criminal Code, Parliament identified that driving, or operating any conveyance is a privilege and not a right:

Recognition and declaration

Section 320.12 It is recognized and declared that

• Operating a conveyance is a privilege that is subject to certain limits in the interests of public safety that include licensing, the observance of rules and sobriety;
• The protection of society is well served by deterring persons from operating conveyances dangerously or while their ability to operate them is impaired by alcohol or a drug, because that conduct poses a threat to the life, health and safety of Canadians;
• The analysis of a sample of a person’s breath by means of an approved instrument produces reliable and accurate readings of blood alcohol concentration; and
• An evaluation conducted by an evaluating officer is a reliable method of determining whether a person’s ability to operate a conveyance is impaired by a drug or by a combination of alcohol and a drug.

Our team of experienced criminal lawyers are aware of the nuances and details of various driving offences. Each case is unique and we will identify the issues specific to your case and structure your best defence.