Dangerous Driving

Imagine somebody is racing another car and is caught travelling 50km/h over the speed, weaving into oncoming traffic, thereby forcing other cars to avoid a collision. limit. On top of whatever fines under the Highway Traffic Act the officer may impose, he or she will also likely lay a charge of Dangerous Driving.

Dangerous Driving arises when the Prosecution can prove that the accused’s driving was a marked and substantial departure from the standard of care that a reasonably prudent person would observe in the accused’s situation. The driving in question must also be in a manner that is dangerous to the public. Momentary lapses in judgement, such as turning left into oncoming traffic that one did not notice due to fog, for example, would not qualify.