Areas of Practice

DRIVING OFFENCES

Driving Offences & Immediate Roadside Prohibitions

In addition to charges under the Criminal Code of Canada, there are other driving related charges that can arise under the Highway Traffic Act. These types of charges can result in a driving prohibition or suspension, fines, and can include jail time. The other instances where you would seek the advice of a criminal lawyer would be for driving while disqualified or in a situation where you are facing a lengthy driving prohibition.

If you have been charged with an impaired related offence, please refer the DUI Offences page on this website.

Driving While Prohibited

Driving while disqualified is treated extremely seriously by the police, the prosecutors, and judges. This criminal law charge involves driving a vehicle when that person has been prohibited from doing so, either by the Registrar of Motor Vehicles, or the Courts. In order to prove this offence, the Crown must prove that the person charged knew of the prohibition; that the prohibition was in effect the entire day of the offence date; and that the person prohibited was in fact driving. Such offences are quite technical to prove and often afford a client many procedural and constitutional defences.

Dangerous Driving

This criminal law offence can be described as driving in a manner that is considered to be a marked departure from the standard of care that a reasonable person would observe in the accused’s situation. Similar to the above, defences relate to one’s subjective knowledge and action(s) at the time.

If convicted summarily, a dangerous driver is liable to fines and varying jail time depending on whether the dangerous driver causes bodily harm or not.

Driving Without Due Care & Attention

This offence can be charged under the Highway Traffic Act. It generally relates to one’s manner of driving under the circumstances as they existed at the time of the offence.   It is a strict liability offence. The Crown need only prove that the Accused committed the prohibited act; the Accused must then demonstrate that the act / manner of driving was done without negligence or fault on his part.  These cases can also be technical in nature and also provide many defences depending on the driver’s subjective knowledge and action(s) at the relevant time.

Why Hire Alex Steigerwald?

As a seasoned criminal defence lawyer in Winnipeg, Alex Steigerwald has extensive experience handling driving offences and advocating for clients' rights under the Highway Traffic Act. With a deep understanding of Manitoba's traffic laws and a track record of success, he possesses the knowledge and skill to effectively navigate the legal complexities of driving offences and fight for the best possible outcome for your case.

Personalized representation: Alex will take the time to understand your specific circumstances and goals, tailoring his approach to meet your individual needs.

Strategic advocacy: Alex will leverage his experience and expertise to develop a strategic defence strategy aimed at protecting your rights and minimizing the consequences of your driving offence.

Dedicated support: Alex understands the stress and uncertainty you're facing, and we'll provide compassionate support and guidance throughout the legal process.

Proven results: With numerous successful outcomes in driving offence cases, Alex has the knowledge and skill to deliver results you can trust.

Frequently Asked Questions

  • A criminal driving offence in Manitoba often involves actions such as impaired driving, dangerous driving, and driving while disqualified. These offences may go beyond typical traffic violations and can result in criminal charges under The Criminal Code of Canada.

  • The consequences of a criminal driving offence conviction in Manitoba can be severe and may include fines, licence suspension or revocation, imprisonment, mandatory participation in education or treatment programs, and a permanent criminal record. These consequences can significantly impact your personal and professional life.

  • Impaired driving usually involves operating a motor vehicle while under the influence of alcohol or drugs, impairing the ability to drive safely. Impaired driving is specifically addressed under both The Criminal Code of Canada and The Highway Traffic Act, with both distinct and overlapping penalties and complex legal procedures.

  • Yes, you have the right to defend yourself against any traffic offence, including those that may lead to criminal charges in Manitoba. It is essential to seek legal representation as soon as possible to understand your legal rights, explore possible defences, and navigate the legal process effectively.

  • A criminal defence lawyer with experience handling driving offences in Manitoba can provide crucial assistance by examining the details of your case, identifying potential defences, representing you in court proceedings, negotiating with prosecutors for reduced charges or penalties, and ensuring your rights are upheld and protected throughout the legal process. The expertise of a qualified criminal defence lawyer can significantly increase your chances of achieving a favourable outcome.

Remember, these FAQs provide general information and should not be considered legal advice. If you are facing driving charges or related licence suspensions, it is essential you consult with a qualified criminal defence lawyer who can provide personalized guidance and advice based on your specific situation.