R. v. P.N.

(Calgary Criminal Youth Court - Dangerous Driving). PN was charged with dangerous driving after allegedly speeding home. PN was arrested on the driveway of a residence. This was a multifaceted investigation involving both criminal driving behaviour coupled with a "notice of administrative penalty" (NAP). A NAP was issued because PN was then a novice driver. As a novice driver PN was not permitted to have any alcohol in the system. PN was further charged with dangerous driving based on the purported speed of travel. While the police charged dangerous driving, there was very little driving evidence and speed was not at all precisely measured.

To prove "dangerous driving" the Prosecution must demonstrate beyond a reasonable doubt that the accused's driving was a "marked departure" from the standard expected of a reasonable driver. When contemplating "dangerous driving" under the criminal law, it is important to keep in mind that a mere departure or even negligent driving is not enough to prove dangerous driving. There is common law jurisprudence supporting the proposition that speed alone is probably not enough to prove dangerous driving beyond a reasonable doubt. Dangerous driving is assessed against a constellation of factors, including speed, road and traffic conditions and other driving behaviour (such as driving maneuvers that cause other users of the roadway to take evasive actions or disobeying traffic control devices).

In criminal law court, PN's Calgary criminal lawyer made several requests for disclosure. PN's case progressed through several court appearances over a number of weeks, where disclosure was sought, but not provided. The Crown ultimately withdrew the dangerous driving charge and PN avoided the risk of a criminal record. 

Disclosure is one of the most important requirements of the criminal law process. Disclosure permits the accused the opportunity to review the case and assess the quality of evidence. It is important to keep in mind that in criminal law, the accused does not have a burden to prove his or her innocence; rather, the Crown shoulders this responsibility until such time as an accused pleads guilty or a judge decides the case. Prosecutors have vast power throughout a criminal prosecution -- arguably even more power than judges -- especially in the early stages of the case.

David Chow is one of many Calgary criminal lawyers who defends criminal driving allegations such as impaired driving and dangerous driving. If you have been charged with dangerous driving or any other criminal driving offence, it is important to get qualified legal advice from an experienced criminal defence lawyer.