249. (1) Dangerous operation of motor vehicles, vessels and aircraft – Every one commits an offence who operates
(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;
A conviction for dangerous driving, strictly speaking, does not require the sentencing judge to impose a driving prohibition. However, even in the unusual case where a driving prohibition is not imposed by the court, a conviction for any motor vehicle related Criminal Code offence triggers a 1 year driving prohibition, without notice, under Section 99 of the B.C. Motor Vehicle Act.
Where a driver is convicted of failing to stop when signaled or requested by police, the sentencing judge, in addition to any other penalty imposed, is required to prohibit the person from driving a motor vehicle for a period of 2 years.
Where a person drives dangerously and bodily harm results to any person, that driver is liable to liable to a term of imprisonment of up to 10 years. Where death ensues, the driver is liable to imprisonment of up to 14 years.
When additional aggravating factors such as failing to stop for police or racing are proven in court, the penalties can increase to life imprisonment.
Dangerous driving is not a charge to be taken lightly. Wade Jenson brings experience and a record of success to defending these allegations.
R. v. R.
Client alleged to have been racing another driver down to Kelowna from the Big White ski resort after a day on the slopes. Tragically, a head-on collision occurred with an oncoming vehicle which resulted in the death of a passenger in that vehicle. Following a preliminary hearing in which criminal lawyer Wade Jenson cross-examined witnesses to the collision and to the driving pattern which led up to it, and before trial in B.C. Supreme Court, CHARGE DISMISSED.
2) Failing to Stop for Police
R. v. C.
Driver charged with driving while impaired, having a blood-alcohol level above 0.08, and flight from police, contrary to s. 249.1(1). Original lawyer advised that there was no defence to the impaired or over 0.08 charges and recommended a plea bargain with Crown wherein she would plead guilty to the impaired driving charge in exchange for the Crown dropping the charge of failing to stop for police. However, because a criminal record and a mandatory driving prohibition would result in the loss of her job, her home, and possibly, she felt, her marriage, the driver decided she needed to hire criminal defence lawyer Wade Jenson to achieve the very best result. Wade Jenson recognized a technical flaw in the Crown’s case which the prosecutor was not able to overcome. ALL CHARGES DISMISSED.