Two driving charges withdrawn at Provinicial Offences Court: Tony’s Case

CHARGES:

Careless driving contrary to Section 130 of the Provincial Highway Traffic Act

Driving a motor vehicle without a license contrary to Section 32 (1) of Provincial Highway Traffic Act

BACKGROUND:

A car stopped at a red light on a Saturday night in Ottawa was rear-ended by a car that my client, Tony, was driving. After colliding with the vehicle, Tony dislodged his car from the other car and fled the scene. The driver and passengers of the car that had been hit were not injured and were able to provide Tony’s license plate number to police. Police arrested Tony at his home after he could not provide any reasonable excuse for leaving the scene of an accident.

STRATEGY AND RESULTS:

After I met with the Crown, it was agreed that these charges would be dropped at the Provincial Offences Court in Ottawa.

Driving Offences: Serious Crimes, Serious Penalties – Fleeing Police

In the Criminal Code, fleeing police is defined as operating a motor vehicle while being pursued and failing, without a reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances.

As the wording of the law shows, it is possible to have a reasonable excuse for fleeing from police. Helping to convince the Crown or the Court that there was a reasonable excuse is one of the things that a great criminal defence lawyer can help with in cases involving fleeing from police.

The penalties for fleeing police vary greatly. If no injury is caused by the fleeing, it is possible to be charged with a summary conviction. Punishments in this case can be six months in jail and/or a $5000 fine. For an indictable offence, maximum jail time is five years. It is easy to see how having a great criminal lawyer working to reduce your charges can make a major difference in your life.

If the fleeing from police caused injury, the maximum prison sentence is 14 years. If the fleeing caused death, you could be imprisoned for life. In these very serious instances, it is important to hire the best lawyer possible to help you manage the outcome of your case.

Driving Offences: Serious Crimes, Serious Penalties

Driving offences are serious crimes that carry serious penalties. In order to inform you about these penalties, we have prepared several blog posts that outline some of the different punishments Canadian law hands out to those who commit driving offences. You could face jail time for every one of these crimes, not to mention fines, and other consequences.

The maximum penalties vary from crime to crime. Every driving offence is either an indictable (more serious) or summary (less serious) offence and some are hybrid, which means they can be either indictable or summary, depending on the circumstances of your case.

All driving offences and their consequences are outlined in the Criminal Code, but hiring a good criminal defence lawyer is the best way to help you successfully navigate the complicated driving-related laws and their penalites. Working with a lawyer who specializes in driving offences will also help you determine what your options are and how to proceed with your charges.