Why You Need a Criminal Lawyer for Driving Offences in Canada

Driving offences in Canada range from minor infractions, such as speeding, to serious criminal charges like impaired driving (DUI), dangerous driving, and hit-and-run incidents. While minor traffic violations may result in fines or demerit points, more severe offences can lead to criminal records, license suspensions, or even imprisonment.

 

When facing criminal driving charges, hiring a criminal lawyer can make a significant difference in the outcome of your case. Whether it’s fighting the charges, negotiating reduced penalties, or avoiding a conviction altogether, legal representation ensures that you understand your rights and explore all possible defense options.

 

In this article, we’ll discuss the most common criminal driving offences in Canada, the consequences of a conviction, and why hiring a criminal lawyer is essential for defending your case.

 

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Common Criminal Driving Offences in Canada

Not all driving offences result in criminal charges. However, some violations are considered serious crimes under the Criminal Code of Canada. If convicted, these offences can lead to harsh legal penalties that impact your ability to drive, work, and travel internationally.

 

Here are some of the most common criminal driving offences in Canada:

 

1. Impaired Driving (DUI)

Driving under the influence of alcohol or drugs is one of the most common and serious offences in Canada. Under Section 320.14 of the Criminal Code, it is illegal to operate a vehicle while:

 

✔ Having a blood alcohol concentration (BAC) of 0.08% or more
✔ Being impaired by drugs (including cannabis, prescription medication, or illegal substances)
✔ Refusing to provide a breath or blood sample to law enforcement

 

Consequences of an Impaired Driving Conviction:

 

• License suspension (starting from 1 year for first-time offenders)

• Heavy fines (starting from $1,000)

• Possible jail time (especially for repeat offenders)

• A permanent criminal record

• Higher insurance rates or loss of coverage

A criminal lawyer can challenge the evidence against you, such as the accuracy of breathalyzer tests or whether the police followed proper procedures during the arrest.

2. Dangerous Driving

Dangerous driving is defined under Section 320.13 of the Criminal Code and refers to operating a vehicle in a way that is dangerous to the public. This can include:

 

✔ Excessive speeding in a high-traffic area
✔ Street racing or reckless driving
✔ Weaving between lanes and ignoring traffic signals

 

Penalties for Dangerous Driving:

 

• First-time offence: Up to 10 years in prison

• Causing bodily harm: Up to 14 years in prison

• Causing death: Life imprisonment

 

A lawyer can argue that the driving behaviour was not intentionally reckless or that external factors (such as road conditions or vehicle malfunctions) played a role in the incident.

3. Hit-and-Run (Failure to Remain at the Scene of an Accident)

Under Section 320.16 of the Criminal Code, it is illegal to leave the scene of an accident, especially if it results in injury or property damage. A hit-and-run conviction can result in:

 

✔ License suspension
✔ Fines and penalties
✔ Up to 10 years in prison (if bodily harm occurred)
✔ A criminal record

 

A lawyer can present mitigating circumstances—for example, if you left the scene out of fear or did not realize an accident had occurred.

4. Street Racing

Engaging in street racing is a serious criminal offence under Ontario’s Highway Traffic Act and can also be charged under the Criminal Code. A conviction for street racing can lead to:

 

✔ Immediate vehicle impoundment
✔ License suspension
✔ Fines up to $10,000
✔ Possible jail time for repeat offences

5. Driving While Prohibited or Suspended

Driving while your license is suspended due to a previous offence can result in additional criminal charges and severe penalties. If caught, you could face:

 

✔ Further suspension of your driving privileges
✔ Hefty fines
✔ Potential jail time

 

A lawyer can help by reviewing whether the suspension was valid and negotiating for alternative sentencing options.

 

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Why You Need a Criminal Lawyer for Driving Offences in Canada

If you are charged with a criminal driving offence, hiring a criminal lawyer is not just an option—it’s a necessity. Here’s why legal representation is crucial:

1. Protect Your Legal Rights

When facing a criminal charge, you have certain rights under the Canadian Charter of Rights and Freedoms. A lawyer ensures that:

 

✔ You were not unlawfully stopped or searched by police
✔ You were properly informed of your right to legal counsel
✔ Evidence against you was collected legally and fairly

 

Any violation of your rights can lead to charges being reduced or even dismissed.

2. Avoid a Criminal Record

A conviction for a criminal driving offence can result in a permanent criminal record, affecting:

 

✔ Employment opportunities
✔ International travel (especially to the U.S.)
✔ Immigration status

 

A lawyer can negotiate for reduced charges or alternative sentencing (such as traffic school or community service) to prevent a criminal record.

3. Minimize License Suspension

Many driving offences result in automatic license suspensions, making it difficult to commute or work. A lawyer can help:

 

✔ Challenge the suspension
✔ Seek early reinstatement
✔ Negotiate for a reduced suspension period

4. Reduce Fines and Penalties

Fines for driving offences can be thousands of dollars, especially for impaired driving or reckless driving charges. A lawyer may be able to:

 

✔ Negotiate lower fines
✔ Help you avoid jail time
✔ Advocate for lesser penalties

5. Present a Strong Defense

Criminal lawyers can challenge the prosecution’s case by:

 

✔ Disputing the accuracy of breathalyzer or drug tests
✔ Questioning the reliability of witness statements
✔ Arguing that police procedures were not followed

 

For example, in a DUI case, if a breathalyzer test was not properly administered, the evidence might be thrown out in court.

6. Improve Your Chances of Acquittal

Many criminal driving charges can be fought in court, and a strong legal defense may result in:

 

✔ Charges being withdrawn or dismissed
✔ Reduced penalties or plea deals
✔ A complete acquittal (not guilty verdict)

 

An experienced criminal lawyer understands the legal strategies needed to build a strong defense and improve your chances of success.

 

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Final Thoughts

Criminal driving offences in Canada are taken very seriously, with penalties ranging from fines and license suspensions to imprisonment. Even first-time offenders can face long-term consequences, including a criminal record, higher insurance rates, and restrictions on employment and travel.

 

If you have been charged with a criminal driving offence, seeking legal representation from a criminal lawyer is the best way to protect your rights and fight for the best possible outcome. A skilled lawyer can help reduce penalties, challenge evidence, and even get charges dropped altogether.

 

Don’t take risks with your future—consult a criminal lawyer immediately if you are facing a driving-related criminal charge in Canada.