Driving Offences

Driving offences in British Columbia are dealt with in both the Criminal Code and the Motor Vehicle Act. My focus is on cases under the Criminal Code or involving Motor Vehicle Act offences resulting from a motor vehicle accident.

The most common Criminal Code driving charges are those relating to impaired driving. These charges include driving while impaired by alcohol or drugs, driving over the limit of alcohol or drugs, failing or refusing to provide breath or bodily substance samples, and failing or refusing to perform field sobriety tests. Each of these carries a mandatory fine and one one-year driving prohibition for a first offence, and mandatory jail sentences for repeat offences. Punishments are higher for these offences if they resulted in the causing of death or bodily harm. For many of these offences, the law is a minefield of complexity; they are difficult for the police to investigate, which may present avenues to raise reasonable doubt.

Dangerous driving is the Criminal Code offence of operating a motor vehicle in a manner dangerous to other persons. The evidence is weighed against the standard of the reasonably prudent driver, not the perfect driver. This involves consideration of the totality of the circumstances, which may leave considerable room for reasonable doubt about whether the evidence is sufficient for conviction. In cases where the dangerous driving resulted in death or bodily harm, significant jail sentences are common.

Failing to remain at the scene of an accident, commonly referred to as hit and run, is an offence under both the Criminal Code and the Motor Vehicle Act, though there are differences in the obligations before a driver is permitted to leave the scene. These cases often have room for reasonable doubt about whether the accused person was the operator of the vehicle at the material time.

Driving without due care and attention (careless driving) is an offence under the Motor Vehicle Act. This charge is often laid in cases resulting in death or bodily harm, but where the evidence is sufficient to justify a charge of dangerous driving. The mere fact that there was an accident is not sufficient to prove this charge beyond a reasonable doubt.

If you are investigated or charged with any of these offences, I will review the circumstances with you and develop your best plan moving forward. Call me now for your free consultation. Let’s get started.