The terms dangerous, careless, and reckless driving are often tossed around as if they mean the same thing. These names are often used interchangeably in everyday conversation, but in law, they refer to very different offences with very different consequences.
This article explains the difference between dangerous, careless, and reckless driving in BC, how each offence is assessed, and why two similar incidents can lead to very different outcomes depending on how they are characterized by police, the circumstances of the incident and what evidence is before the prosecutors.
From Careless to Criminal: The Legal Spectrum of Driving Offences in British Columbia
In British Columbia, the line between a brief lapse in attention and a criminal offence isn’t always clear and much depends on how police choose to interpret your actions. Police officers have significant discretion in deciding whether to issue a “careless driving” ticket under the Motor Vehicle Act, or to recommend dangerous driving charges under the Criminal Code.
A moment of inattention, such as a missed shoulder check, a brief distraction, or a split-second misjudgment can lead to an accident.
But under the law, it’s not the consequence of the incident that defines the offence; it’s the manner of driving. The key question is whether your driving showed mere carelessness or whether it crossed the line into behaviour that was objectively dangerous to the public.
Understanding this distinction is critical because while a careless driving ticket can affect your insurance and driving record, a dangerous driving charge can leave you with a criminal record, licence suspension, and even jail time.
Provincial and Federal Driving Laws
In Canada, law-making powers are divided between the federal and provincial governments under the Constitution Act, 1867. The federal government has authority over matters that affect the country as a whole, such as criminal law, which sets out offences and penalties that apply across Canada.
The provinces, on the other hand, regulate highway traffic, licensing, and road safety within their own borders. In British Columbia, this authority is exercised through the Motor Vehicle Act and related regulations.
While both levels of government address conduct on the roads, federal laws deal with criminal behaviour, whereas provincial laws focus on regulatory and public safety matters.
Dangerous Driving |
Careless Driving |
Reckless Driving (The Term) |
|---|---|---|
| A criminal charge under section 320.13 of the Criminal Code. | Referring to offence under s. 144 of the Motor Vehicle Act.
Careless driving is either:
|
The term is commonly mistaken to be an offence. In BC, and in the rest of Canada; “reckless driving” is not an official offence, even though the term is widely used.
In BC, when people say “reckless driving,” they are actually referring to either:
There is no separate offence for “reckless driving” in the Criminal Code, or the Motor Vehicle Act. |
What’s the Difference Between Dangerous Driving vs Careless Driving in British Columbia?
In BC, dangerous driving is a criminal offence, while careless driving is a provincial traffic violation.
The biggest difference between dangerous operation of a motor vehicle and careless driving is the potential legal jeopardy. If you are charged with dangerous driving then there is a real risk that you can get a criminal record.
What Is Careless Driving in BC?
Careless driving in BC is an offence under the provincial statute the “Motor Vehicle Act” and is not a criminal offence. Under s. 144 of the Motor Vehicle Act, careless driving can be committed in one of two ways:
- Driving without due care and attention, or
- Driving without reasonable consideration for other persons using the highway
In this blog post, we will use the term “careless driving” to describe offences under s. 144 of the Motor Vehicle Act.
What Are the Penalties for Careless Driving?
They include the following:
- 6 demerit points on your driving record;
- Potential for a driving prohibition;
- Increased insurance premiums; and
- Maximum fine of $2000.
What Is the Difference Between “Undue Care and Attention” and “Without Reasonable Consideration”?
The legal test for drive without due care and attention in British Columbia was articulated in R v. Chisham, 2008 BCPC 210, which adopts the reasoning from R. v. Beauchamp. The test is as follows:
The use of the term “due care”, which means care owing in the circumstances, makes it quite clear that, while the legal standard of care remains the same in the sense that it is what the average careful man would have done in like circumstances, the factual standard is a constantly shifting one, depending on road, visibility, weather conditions, traffic conditions that exist or may reasonably be expected, and any other conditions that ordinary prudent drivers would take into consideration. It is a question of fact, depending on the circumstances in each case.”
Simply put, what would the average careful driver have done in the same circumstances, given such facts as the weather conditions, the road conditions, the other drivers, based on what was known to them at the time.
The test of driving without reasonable consideration was articulated by the Honourable Judge Hoy in R. v. Joe [1994] B.C.J. No. 2017. There, the Judge said:
The test, in my view, is contained in the words of the section itself. Thus, is the driving done without consideration of the conditions and use of the roadway by others, in such circumstances where a reasonably prudent driver ought to have been aware of the potential dangers posed or created?
This test does not require that an accused motorist be liable for one or more violations of the Act. It simply requires that the evidence show that given the circumstances of the time and place the accused, as a reasonably prudent driver, ought to have been aware that his driving exposed other users of the highway to potential danger.
This is an objective test.
While this may seem similar to driving without due care and attention, it is a reasonably prudent driver standard, and the test is that the accused exposed other drivers to potential danger.
What Are Examples of Careless Driving?
Cathryn Moore, a Vancouver criminal defence lawyer with over 15 years of experience, recalls: As a criminal defence lawyer, I have had clients issued tickets for driving without due care and attention for eating food while driving, applying make-up while driving, or driving their motorcycle though lanes of traffic. I have also had clients issued tickets for driving without reasonable consideration for having alcohol in their system and driving poorly even if no accident is caused and for driving a vehicle that they knew was not mechanically sound.
Driving Without Due Care and Attention |
Driving Without Reasonable Consideration |
|---|---|
The Courts have found the following to be examples of driving without due care and attention
|
The Courts have found the following to be examples of driving without reasonable consideration
|
What Is Dangerous Driving in BC?
The Criminal Code defines dangerous driving as follows:
s.320.13(1) “Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.”
The legal test is whether the dangerous manner of driving is a marked departure from the standard of care which a reasonable person would have exercised in the same circumstances.
Having regard to all the circumstances, includes considerations for road conditions, use of road, amount of traffic, circumstances that might reasonably be expected to be on the road, any known mechanical issues. The speed the vehicle was going, if the driver was impaired by alcohol.
The focus is on the “risks created by the accused’s manner of driving, not the consequences.” While a motor vehicle accident is not required for a charge of dangerous driving, they often go hand in hand as it is usually an accident that results in the police attending the scene, or responding to the call.
Concerning the required mental element, it is not necessary to find that the accused was subjectively aware of the risk of their conduct and intentionally created this risk. The test for mens rea is based on the reasonable person. That is would a reasonable person been aware of the risk was foreseeable.
Recently, the Supreme Court of Canada, over turned an acquittal and held that excessive speeding alone could constitute dangerous driving.
In R. v. Chuang, 2020 SCC, the Court held that a reasonable person would have foreseen the immediate risk of reaching a speed of almost three times the speed limit while accelerating towards a major city intersection.
A brief period of rapidly changing lanes and accelerating towards an intersection is not comparable to momentary mistakes that may be made by any reasonable driver. The required mental element, it is not necessary to find that the accused was subjectively aware of the risk of his conduct and intentionally created this risk. The test for mens rea is based on the reasonable person.
Penalties for Dangerous Driving in BC
What are the penalties for dangerous driving in BC? They can include the following:
- Mandatory one year driving prohibition;
- 10 demerit points on your driving record;
- Summary Conviction: up to 2 years imprisonment;
- Indictable offence: Up to 10 years imprisonment;
- Potential fine; and
- Risk of criminal record.
Other Related Consequences for Dangerous Driving in BC
If the Crown Counsel proceeds with dangerous driving, and death and bodily harm are not a factor, then a conditional discharge is an available sentence. A conditional discharge allows you to be discharged of your criminal record once you comply with certain conditions.
???? The experienced dangerous driving lawyers at Mickelson, Whysall & Moore have successfully been able to avoid criminal records for clients in situations where they are charged with serious dangerous driving offences.
If you are convicted of dangerous driving, then you may found to be in breach of your insurance policy. This means that you could face potential civil liability and your insurance company may refuse to cover the damages caused by the accident.
This is why it is important to get legal representation at the outset if there has been a motor vehicle accident and the police are investigating the collision. Mickelson, Whysall & Moore can help guide you through this process.
What Is “Reckless Driving”?
The term “reckless driving” is often used colloquially and can encompass elements of both careless and dangerous driving.
However the term “reckless driving” is not an offence, under the Criminal Code, or the Motor Vehicle Act. If someone refers to “reckless driving” they may be referring to the degree of the driving behaviour, rather than a specific offence.
????In the United States many jurisdictions specifically have reckless driving as an offence, which is more similar to the Canadian offence of dangerous driving.❗ There is no ‘reckless driving’ charge in BC. What Americans call ‘reckless driving’ is prosecuted as either dangerous driving or careless driving in British Columbia.”
Recklessness requires a subjective standard such that the accused is “aware that there is danger that his conduct could bring about the result prohibited by the criminal law, nevertheless persists, despite the risk.” A higher degree of awareness of risk than carelessness, but perhaps falling short of the “marked departure” for dangerous driving in some interpretations.
How Police and Crown Decide Which Charge to Lay?
When the Police respond to an accident, or pull over a driver, they can decide to issue a violation ticket for “careless driving” and this would not result in a mandatory court date.
However, certain degrees of careless driving when there is a serious accident, injury or a death, the police can issue you an undertaking for the Motor Vehicle Act offence of dangerous driving under the Criminal Code, in which case you will be compelled to attend court.
Any statement that you provide to the police can be used in evidence against you.
There is no obligation to provide the police with your version of events. It may be best to save this for the Crown Counsel, should the police be investigating a criminal offence. However, it is natural for individuals to feel compelled to answer the questions of the police, although there is no legal obligation to do so.
In my experience, as a criminal defence lawyer, Cathryn Moore says, the police are often focused on the consequences of the accident. In this scenario, there is a significant risk of a criminal charges being sought by the police and Crown Counsel.
One example is if you are backing up and fail to see a pedestrian, and your vehicle strikes them and they are seriously injured or die, in that scenario, while the conduct may fall short of a criminal, the police officers want the Court to consider fines and penalties beyond what is governed by ICBC.
Crown Counsel have a charge approval standard and they reviewing the entirety of the circumstances and the evidence presented to them. In order to approve a charge they have to believe there is (1) a substantial likelihood of conviction; and (2) that it is in the public interest to proceed with the charges.
In our experience we have had Crown Counsel consider the road conditions, extenuating circumstances at the time of the accident, Charter breaches, medical issues and lack of relevant driving history at the charge approval stage and decline to proceed with criminal charges.
What to Do If You’re Charged with Dangerous or Careless Driving in BC
Charged with Careless Driving in BC?
If you pay the ticket, you would be deemed guilty and the offence and 6 points would go on your driving record. Depending on your driving record, class of license (ie. Class 7 or class 5) you may only risk having the fine and drivers risk penalties points. However, as a novice driver you may get prohibited from driving.
At Mickelson, Whysall & Moore we are experienced at defending violation tickets and have been successfully at trial in having tickets dismissed and successfully negotiating with police officers.
You only have 30 days to dispute a violation ticket, from the date the ticket is issued. Do not miss this important deadline.
Charged with Dangerous Driving in BC?
You will need legal representation if you are criminally charged. It is best to contact a lawyer right away when everything is fresh in your mind.
It is vital that you write down your version of events, the details about what you recall surrounding the circumstances of the offence. If your file goes to trial, important details can be forgotten as your trial may not be for well over 1 year.
Collect names of any witnesses as your lawyer will likely want to speak with witnesses and determine if they can help your case.
Does your vehicle have an Event data Recorder, it might be helpful to your case to have it analyzed. An Event data recorder is like the black box for a vehicle and records your speed at the time of the accident, when you applied the brakes and other important data.
Legal Defence and Strategies Available for Each Offence
Many clients ask us how to fight dangerous driving charges in BC? The onus is on the Crown Counsel at all times to prove all elements of the offence beyond a reasonable doubt.
- Can the police prove that you had care or control of the motor vehicle at the time of the accident?
- Did any witnesses actually observe the poor driving, or were the police or civilians only responding to an accident?
- Did the police obtain evidence from the event data recorder?
- Did the police obtain a search warrant for the event data recorder?
- Have the police complied with the statutory requirements to file a Form 5. 2 Report to Justice?
- Challenging the accident reconstructionist report.
- Was the accident caused by an outside factor, such as the weather or another person?
- Was there a medical issue that caused the accident?
Frequently Asked Questions
Is Dangerous Driving the Same Offence as a DUI or Impaired Driving?
- No, dangerous driving is a separate offence. To convict of impaired driving, or having a blood alcohol content over the legal limit, usually requires testing to prove that your blood alcohol content was above the legal limit at the time of driving. Potentially, if the police don’t have this evidence they could try and charge you with dangerous driving. Often alcohol is a factor in many dangerous driving cases.
????Read our article about impaired driving here. ????Learn more about driving offences in BC and how we can help you here.????
Is Careless Driving a Criminal Offence in BC?
- No, it’s a provincial traffic offence
Will Dangerous Driving Show Up on a Background Check?
- Yes, it will depend on what the outcome is from your case. A conditional discharge will show up for 3 years.
- Any other sentence imposed is a criminal conviction and requires a record suspensions
Can I Go to Jail for Careless Driving?
- No, only fines and potential license suspension
What Happens if I’m Convicted of Dangerous Driving for the First Time?
- Potential Criminal record, one year license suspension, and potential jail time if bodily harm or death.
Should I Hire a Lawyer for a Careless Driving Ticket?
- A careless driving ticket has 6 demerit points, it is a designated high risk offence, can impact your insurance premiums. It is recommended to talk to a lawyer and get their advice on the specifics of your case.
What’s Worse: Dangerous Driving or Careless Driving?
- Dangerous driving is significantly more serious as it is a criminal offence.
Take Action Now – Contact Driving Offence Lawyers in Vancouver
Every driving incident is unique, but one thing is certain, the allegations of careless or dangerous driving should never be taken lightly. These charges can have lasting personal and legal consequences.
If you’ve been charged, or simply want to better understand your rights, reach out to our defence team. Our experienced lawyers at Mickelson and Whysall are here to provide clear, strategic advice and defence tailored to your situation.
???? Call us today to schedule a confidential consultation – 604.688.8588 (24hrs)
???? Offices in Vancouver, with representation across British Columbia.
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