Bad driving can lead to serious consequences: A Case Study
Bad driving can lead to serious consequences: A Case Study
Blog Article
Bad driving can lead to devastating outcomes, as witnessed in the recent Windsor case. Kas Marynick, a defence lawyer from Nanda & Associate Lawyers, got an unexpected guilty plea, pausing a dangerous driving trial.
It must be noted that drivers in Ontario are legally required to maintain due care and attention on the road. Failing to do so can lead to major public harm. Apart from that dangerous driving will also cause serious legal consequences. However, not all driving-related charges are the same. The type of charges can greatly impact the future of the accused.
Criminal Code vs. Highway Traffic Act: A Critical Divide
When police investigate any suspected unlawful driving, they are required to decide what type of charges they will lay on the accused. Whether they will charge under the Criminal Code of copyright or Ontario’s Highway Traffic Act (HTA). This choice is very important as it determines the severity of the penalties.
For example, if there is a fatal incident, police may charge the driver under section 130 of the Highway Traffic Act. This charge is for careless driving that causes death and is a regulatory offence under the Provincial Offences Act. This charge enforces penalties like fines or license suspensions but saves you from the harsher consequences of a criminal conviction.
In contrast, a Criminal Code charge under section 320.13(3) for dangerous operation causing death is far more severe. A conviction results in a criminal record and could lead to a life sentence. A recent Toronto case highlights this! An offender received a six-and-a-half-year sentence for two counts of dangerous driving that caused death and two counts of dangerous driving that caused injury.
When Charges Change: A Case Study
In some instances, a case that has begun with Criminal Code charges has the probability to shift to a lesser offence under Highway Traffic Act. This can aid in reducing the legal consequences significantly. Recently, a client of Nanda and Associate Lawyers benefited from such a change. Facing Criminal Code charges for dangerous driving, their trial took a turn when a mid-trial ruling blocked the prosecution from using the client’s statements.
This weakened the prosecution’s case, leading to a situation where the client pleaded guilty to careless driving causing bodily harm under the Highway Traffic Act, and the criminal charges were withdrawn. This outcome was a game-changer. Instead of a criminal record and potential years in prison, the client faced lighter penalties, preserving their future opportunities.
Why is this Important?
The gap between Criminal Code and Highway Traffic Act charges isn’t just a legal technicality, it can either save or destroy a life. A criminal record has the ability to deprive you from employment, travel, and personal freedom. On the other hand, a provincial offence generally involves shorter-term consequences. This case serves as a stark reminder for drivers to cautiously carry out their jobs and if charged, then connecting with expert criminal lawyers immediately.
How Can Our Lawyers Personal Injury Help You?
Facing driving-related charges can be tough. It can be hard to deal with the chance of a criminal record or serious penalties alone. Our experienced criminal lawyers can help you manage the complexities of Criminal Law in Ontario, working to secure the best possible outcome.
From challenging evidence to negotiating reduced charges, we provide customized strategies to protect your rights and future. Don’t leave your case to chance—call us at 905-405-0199 Report this page