Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.
You don’t have to be impaired to be charged with a criminal driving offence. What used to be called dangerous driving is now legally known as dangerous operation, and it can carry life-changing consequences, even for a first-time offender. Under section 320.13 of the Criminal Code, a person commits this offence when they operate a motor vehicle in a manner that is dangerous to the public, having regard to all of the circumstances.
This is a criminal offence, and it is completely separate from careless driving, which is a non-criminal traffic offence under the Highway Traffic Act. The legal test is whether the driving amounted to a marked departure from what a reasonable person would do in the same situation. A marked departure means more than a moment of inattention or a simple mistake. It refers to behaviour that clearly crosses the line into dangerousness, such as racing, weaving through traffic, or ignoring traffic controls.
Dangerous driving is often charged alongside impaired driving, Over 80, or refusal to provide a breath sample, especially where police allege the dangerous driving occurred while under the influence. It can also be laid on its own in cases involving excessive speeding, collisions, or aggressive driving. These cases often arise quickly, in high-stress moments, and the evidence may not support the charge.
We defend dangerous operation cases by carefully examining how the incident was reported and whether it actually meets the legal threshold. We review dashcam footage, witness statements, police notes, and where appropriate, consult with accident reconstruction experts. We also assess whether your Charter rights were violated at any stage of the investigation.
There are no mandatory criminal penalties upon conviction. Sentences can range from a discharge with no criminal record to jail, depending on the seriousness of the driving and whether harm was caused. However, even if a court imposes a discharge or fine, the Ministry of Transportation will suspend your license for at least one year following conviction.
If you’ve been charged, get advice before you make any decisions. These cases can be defended, and the outcome can change your future.
OUR LEGAL ASSESSMENT PROCESS
1
COMPLIMENTARY ASSESSMENT
This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.
2
Intake and Set-Dates
Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.
3
Analysis and Pre-Trials
Our entire team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.
4
Hearing Date
This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.
OUR GOOGLE 5 STAR REVIEWS
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Chris Avery and his team at Avery Law are outstanding. From the start, Chris was straightforward, knowledgeable, and easy to talk to. He... Read more
Mike
20/06/2025
We had an amazing experience working with Chris. From start to finish, they were professional, knowledgeable, and truly dedicated to our case. They... Read more
MS
10/04/2025
Chris Avery and the legal team was highly responsive and non-judgmental, taking the time to explain the process clearly and in easy to... Read more
DR
01/03/2025
I had the privilege of working with Christopher and Erica, and I can confidently say they are a class above the rest. I... Read more
Ccy
02/03/2025
Chris Avery and his legal team recently represented me in defending a legal matter against me. I am extremely happy with the result... Read more
BD
10/10/2023
Mr. Avery whent above and beyond for me and was able to have my charges withdrawn. I highly recommend him to anyone looking... Read more
BH
04/02/2023


