Your Dangerous Operation of a Motor Vehicle Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
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You’re driving down the highway when you see flashing blue and red lights. You pull over to the side. The officer demands you to get out of your car and puts you in handcuffs. You’ve been arrested. The officer doesn’t give you a normal traffic ticket. He takes your keys and he impounds your car. Now you have nowhere to go. And you’ll lose your license for at least seven days. After you do nothing but sit around until your first court date, then you have to go through all the hassle of getting back your license. The police officers have done their work quickly, however, the nightmare that you have created for yourself with the law is still in its infancy.
What is Section 320.13 — Dangerous Operation of a Conveyance
Now let me set things straight about something. There is a big difference between being charged with dangerous driving and receiving a parking ticket. Being charged with dangerous driving is a serious federal offence as defined in section 320.13 of the Canadian Criminal Code. For a Crown attorney to convict you of operating a motor vehicle dangerously (or “dangerous driving”), the Crown attorney must prove that your actions represented a gross deviation from how a reasonable person would have acted. But what does that really mean? Everything depends on context. Driving at 130 kilometers per hour at 3:00 AM on an empty portion of the 401 is a completely different story compared to driving at 70 kilometers per hour in a busy residential area where kids are walking home from school. The judge reviewing your case considers the weather, other vehicles on the road, the condition of the roads, and whether your vehicle had any mechanical issues present when you committed the alleged offence. The police want to portray you as reckless and out of control and dangerous to everyone else on the road. My job is to demonstrate to the judge the physical facts of what was happening on the road instead of just relying on the police officer’s inflammatory account.
Consequences for Operating a Motor Vehicle Dangerously
A loss such as this can ruin your entire future. I am not kidding about that. Not only will you receive a permanent criminal record that will haunt you for the remainder of your life; you will also receive a one year minimum driving ban (that applies everywhere in Canada). However, those are not the only possible penalties available. The Crown attorney has complete authority to prosecute you by way of either indictment or summary conviction. The typical penalties associated with summary convictions include hefty fines, strict terms of probation, and/or potential imprisonment of up to two years less a day in provincial jail. Prosecuting you by indictment results in greater punishment possibilities. In addition to any other penalty, if nobody was injured, you could potentially receive ten years in federal prison. If somebody was injured, you could potentially receive fourteen years in federal prison. If someone dies because of your actions, you could potentially spend the rest of your life in prison.
However, these are not the only consequences associated with being convicted of dangerous driving. Having a criminal record hampers your ability to travel outside of Canada — particularly to the United States — and severely limits your employment opportunities. And once your court ordered suspension expires, your insurance carrier cancels your policy. At that point, most insurance carriers classify you as high risk and dramatically increase your monthly premiums. As a result, many clients who find themselves in this predicament are forced to purchase facility insurance (which often costs between $10,000 and $15,000 annually for basic liability coverage) so they can continue to operate their vehicle legally.
How We Defend Dangerous Operation of a Motor Vehicle Charges
We will defend you against these allegations. A successful defence against these types of allegations typically requires an examination of each aspect of the Crown attorney’s theory and demonstration of defects in their evidence. One brief lapse in judgment does not equal a crime. Are you accused of looking at the radio for two seconds causing you to strike the vehicle in front of you? That likely constitutes careless driving pursuant to the Highway Traffic Act but clearly amounts to a crime in order to constitute dangerous operation of a motor vehicle. We argue this distinction within the confines of the courtroom.
Furthermore, we will examine the conduct of the police officer(s) involved in stopping and arresting you. There are numerous charter rights breaches occurring regularly throughout Ontario courts that cause Crown attorneys to dismiss their prosecutions daily. Was the police officer unreasonable in detaining you for an extended period prior to advising you that you have the right to speak with a lawyer? Were they unreasonably searching your vehicle? If the police violated your rights to obtain evidence used against you in court, we will apply for an exclusion order preventing them from using that evidence during your trial. Without their evidence, it is common for prosecutors’ cases to collapse.
Additionally, some Crown attorneys rely heavily upon testimony from angry civilian witnesses. Witnesses lie and embellish their accounts of what transpired in order to appear as victims. An example may be a driver whom you allegedly cut off testifying that they saw you swerving wildly across three lanes of traffic. Although this testimony may seem damaging; after cross examining them, their recollection becomes cloudy and unreliable. We will collect dash cam video records, traffic light camera data logs and recreate the events that occurred on that roadway at the time to provide evidence demonstrating exactly what did occur on that roadway.
Mechanical failure occurs and we will investigate sudden brake failure or legitimate medical emergency that explains why your actions resulted in dangerous operation. We will aggressively strip away the factual basis for fault in order to defeat the Crown’s case.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Choose Manbir Nirwal as Your Dangerous Operation Lawyer
At this stage time is not on your side. The police are collecting evidence against you as we speak. They are obtaining written statements from witnesses and gathering evidence to use against you in court. You require a plan immediately. Don’t say anything further to the police. Don’t justify yourself to your insurance company either. Contact my firm directly. I will meet with you personally and review the police synopsis with you. Together we will develop strategies that will assist us in resolving this situation favorably for you.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
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