Everyone knows what speeding is, but did you know that Canadian law has held that speeding can also be charged as a number of other offences? Courts have held that speeding can also constitute Driving Without Due Care under the Motor Vehicle Act and even Dangerous Driving under the Criminal Code.

 

What Is Considered Speeding In BC?

This happens because both the federal and provincial governments have created offences that capture unsafe driving behaviour. This means the exact same driving behaviour can be charged as a provincial offence or a federal offence. For example, the Criminal Code prohibits the following driving behaviour: 

  1. Criminal negligence in the operation of a motor vehicle;
  2. Driving while prohibited due to a Criminal Code conviction;
  3. Engaging police in a pursuit;
  4. Failing or refusing to provide a breath sample;
  5. Dangerous driving;
  6. Failing to stop after an accident;
  7. Impaired driving; 
  8. Driving with a blood alcohol content over the legal limit (.08 BAC); and
  9. Driving with a drug blood concentration over the legal limit.

These same offences listed above could also be charged under the Motor Vehicle Act under the following offences:

  1. Driving without due care and attention;
  2. Driving without reasonable consideration for others;
  3. Speeding;
  4. Excessive speeding; 
  5. Following too close;
  6. Failure to stop for police when requested;
  7. Driving while prohibited under the Motor Vehicle Act; 
  8. Failure to remain at the scene of an accident or otherwise comply with a driver’s duties after an accident; and
  9. Failing to yield to a pedestrian. 

In addition to that, the Motor Vehicle Act also allows police to impose roadside driving prohibitions for failing to provide a breath sample, having any amount of alcohol in your blood, or if they discover that you are otherwise unable to drive.

Offences under either statute can result in significant and various consequences, including fines, driving prohibitions, insurance penalties or imprisonment. 

 

Contact Filkow Law For Driving Law Offences

If you are charged with a criminal driving offence, you will need experienced legal counsel to help you navigate this specialized area of the law. The lawyers at Filkow Law have decades of experience in this area.

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