Driving Offences

Most driving charges in Alberta land in one of two places: a criminal charge under federal law, or a provincial charge under Alberta’s traffic legislation. The same incident on the road can lead to either kind of charge. Which one you end up facing changes almost everything, including whether you walk away with a criminal record, whether your licence is at risk, whether your insurance changes, whether you can still cross the border, and whether your job is safe.

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STRATEGIC DEFENCE FOR ALL TYPES OF DRIVING OFFENCES

Committed Legal Support for Driving Offences in Alberta

Davidson Gregory is a criminal defence firm in Edmonton. Our dangerous driving lawyers, careless driving lawyers, hit and run lawyers, and other driving offence lawyers have defended these charges for decades. We represent people charged in Edmonton, Calgary, Red Deer, Fort McMurray, Grande Prairie, and St. Albert, and across Alberta. We also represent people charged in Saskatchewan, British Columbia, and the Northwest Territories. To talk to a driving offence lawyer, call 780-482-5496 or use our contact page.

We provide legal guidance and resources in the following areas:

Home » Criminal Defence Practice Areas » Driving Offences

Dangerous Driving (Criminal Code of Canada)

Dangerous driving is the most common criminal charge for unsafe driving. Under federal law (Criminal Code of Canada), you can be charged if your driving put other people at risk in light of everything that was going on at the time. There is a basic version of the charge, a more serious version if someone was injured, and the most serious version if someone died. The penalties go up sharply with each step. The most serious version carries a maximum of life in prison.

The bar the prosecutor has to clear is high. Your driving has to be a lot worse than what a normally careful driver would do in the same situation. Courts look at speed, how long the bad driving lasted, road and weather conditions, what was on the road around you, any signs of drinking or drug use that fell short of an impaired driving or DUI charge, and what you did right after the incident.

We push back hard when the prosecutor is relying mostly on the fact that a crash happened. A crash by itself does not prove dangerous driving, and we make the prosecutor prove the driving itself was dangerous. We go deeper into how these cases work and how this charge compares to the provincial version in our post on dangerous driving vs careless driving in Alberta.

Careless Driving (Traffic Safety Act)

Careless driving is the provincial version of the same idea. Under Alberta’s Traffic Safety Act, you can be charged with careless driving if you fail to drive with proper care and attention. The bar is lower than for the criminal charge for dangerous driving. The prosecutor does not have to show that your driving was much worse than normal, only that it was below the standard of a normally careful driver.

A careless driving conviction does not give you a criminal record. What you get instead is a fine, demerit points, an entry on your driving abstract, possible insurance fallout, and possible licence consequences if your demerit points add up or if the court orders a suspension. The charge can still hurt, especially if you drive for a living. Insurance companies and most employers look at your driving abstract before they decide what to do with you.

Our careless driving lawyers and traffic lawyers handle these cases across Alberta. Sometimes the right move is to fight the charge at trial. Sometimes the right move is to negotiate it down to a smaller ticket or use it as leverage to get a dangerous driving charge reduced. The right approach depends on your facts. Our post on dangerous driving vs careless driving in Alberta walks through how the two charges compare. Our post on the topic: failure to stop at the scene of an accident in Alberta covers the criminal charge.

Leaving the Scene of an Accident

Leaving the scene of an accident before you have done what the law expects can lead to either a criminal charge or a provincial charge, and sometimes both.

The criminal charge is in the Criminal Code of Canada. It applies if you knew (or were careless about whether) you had been in an accident, and you failed to stop, give your name, or help anyone who was hurt. The charge is more serious if someone was injured or killed. There is a defence available if you had a reasonable excuse for leaving. What counts as a reasonable excuse depends entirely on your facts.

The provincial charge is under Alberta’s Traffic Safety Act. It applies to anyone involved in an accident on a highway who fails to stay, help, and produce written ID on request. The written ID includes your driver’s licence, vehicle registration, and insurance card. Two things make the provincial version unusual. First, if your vehicle was in the accident, you can be charged as the registered owner even if you were not the one driving. The law assumes you are responsible, and you have to prove otherwise. Second, the police can arrest you on the spot for this kind of ticket, which is rare for a provincial charge.

A provincial conviction does not give you a criminal record. It does end up on your driving abstract, which insurers and many employers will see. For commercial drivers, ride-share and taxi drivers, delivery drivers, oilfield drivers, and other professional drivers, that is often the part of the charge that hurts the most.

Our hit and run lawyers and driving offence lawyers act for drivers and registered owners on both versions of the charge. We have two longer posts on the topic: failure to stop at the scene of an accident in Alberta covers the criminal charge, and failing to remain at the scene of an accident under Alberta’s Traffic Safety Act covers the provincial one.

Other Criminal Driving Charges We Defend

Our work goes well beyond the headline charges. We also defend criminal negligence from the operation of a motor vehicle, which is the most serious charge that can come out of a bad crash, with aggravated versions if someone was hurt or killed. We defend flight from a peace officer, which is the charge for refusing to stop for police, again with more serious versions if the chase causes injury or death. And we defend driving while prohibited and driving while disqualified, which apply to anyone caught driving while they are not allowed to. Whether the federal charge or the provincial charge applies depends on where the prohibition came from.

What's at Stake in a Criminal Driving Conviction

A criminal driving conviction follows you. Most obviously, it gives you a criminal record and becomes an entry on your drivers abstract. On the more serious charges, the prosecutor may ask for jail time. The judge can also ban you from driving anywhere in Canada for a fixed period. Insurance companies may cancel coverage rather than just raise your rate. Most employers in transport, emergency services, security-sensitive work, and government roles will not hire someone with a criminal driving conviction. Travel to the United States gets harder. Permanent residents and foreign nationals can face removal from Canada and other immigration problems.

A provincial driving conviction does not give you a criminal record. Travelling across the US border and Canadian immigration are usually not affected. A provincial driving conviction does show up on your driving abstract that insurers and employers actually look at, so it can still cost you money and work. For people who drive for a living, a provincial conviction can still be a damaging outcome in practice.

How We Defend Driving Offences

Two things drive our approach. The first is taking apart what the prosecutor has. If the case is built on the fact that there was a crash and someone was hurt, we look at whether there is any evidence about the driving itself. If the police case rests on what you said at the roadside, we look at how that conversation was conducted. If the case turns on whether you knew about the accident, we look at what you could have known. The second is looking at how the investigation was run. Roadside stops, police questioning, breath tests, and searches all have legal rules. When the police step outside those rules, the Canadian Charter of Rights and Freedoms lets a judge throw out the evidence. That can take the prosecution apart entirely.

Davidson Gregory’s dangerous driving lawyers, careless driving lawyers, hit and run lawyers, and other driving offence lawyers prepare every file like it is going to trial. That is the work that opens up the better outcomes, including reductions, withdrawals, and acquittals.

Why Calling a Criminal Defence Lawyer Early Matters

Two early decisions tend to shape a driving offence case more than almost anything that comes later.

The first is which charge ends up before the Court. The officer at the scene chooses what to lay. The prosecutor looks at the case shortly after and can keep it, change it, or drop it. A defence lawyer who steps in early and presents a credible argument can sometimes get the charge dropped or moved out of the criminal lane before the case ever gets near a courtroom.

The second is whether you talk to police before you talk to a lawyer. A lot of cases are built on what the driver said at the scene or at the police station. The right answer depends on your facts, and there is no one-size-fits-all rule. As a starting point, talking to a lawyer first puts you in a better position.

Where We Serve

Davidson Gregory defends driving offence charges across Alberta including:

We also regularly defend driving offence cases in Sherwood Park, Stony Plain, Hinton, Jasper, and Lethbridge, and we travel to whichever Alberta courthouse your case is set in. Whether your case is in the Alberta Court of Justice, the Court of King’s Bench, or the Alberta Court of Appeal, we will be there.

Davidson Gregory also represents people facing driving charges in Saskatchewan, British Columbia, and the Northwest Territories. If you have been charged outside Alberta, give us a call and we will tell you how we can help.

Talk to a Davidson Gregory Lawyer

Facing a driving charge, or worried police are investigating you for a driving offence? Our dangerous driving lawyers, careless driving lawyers, hit and run lawyers, traffic lawyers, and other driving offence lawyers are here to help. Call 780-482-5496 or use our contact page.

We act for clients across Alberta, as well as on driving cases in Saskatchewan, British Columbia, and the Northwest Territories.

Common Questions About Driving Offences in Alberta

What is the difference between dangerous driving and careless driving?

Dangerous driving is a criminal charge under federal law. It requires proof that your driving was much worse than normal. A conviction gives you a criminal record, a driving ban, and possible jail. Careless driving is a provincial charge under Alberta law. The bar is lower, the consequences are less severe, and there is no criminal record.

Can I be charged with both?

Yes. Police sometimes lay both the criminal and provincial versions at the same time.

Will a careless driving ticket give me a criminal record?

No. Careless driving is a provincial charge. There is no criminal record, no fingerprinting, and no entry on the national criminal database. The conviction will show up on your driving abstract, which is what insurers and most employers check.

Do I have to give a statement to police after a car accident?

Alberta law requires drivers to report some accidents to police. The Canadian Charter of Rights and Freedoms separately protects your right to stay silent and your right to a lawyer once police are investigating you for a crime. The two rules can both apply at the same accident. The right answer for any specific situation depends on the facts, and is a conversation to have with an experienced driving offence lawyer like the ones at Davidson Gregory.

Can I be charged for a hit and run (failing to remain at the scene of an accident) if I wasn't the driver?

What happens if I drive for a living?

This is often the worst part of the case. Commercial drivers, ride-share and taxi drivers, delivery drivers, oilfield drivers, and people in other safety-sensitive driving jobs all depend on a clean record and a clean abstract. A criminal driving conviction can end a driving career. A provincial conviction does not give you a criminal record, but the conviction shows up on your abstract and may affect employment.