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ARTICLE · 01 JULY 2020

When Is A Momentary Lapse Behind The Wheel Criminal?

A momentary lapse. We have all had them behind the wheel.

CanadaLitigation, Mediation & Arbitration

A momentary lapse. We have all had them behind the wheel. Thinking a little too long about that one troubling thing, reaching for something you or your passenger (maybe a child) has dropped, searching for a radio station a little too long, becoming too engaged in a conversation, nodding off, using a smartphone . . . running a stop sign.

Sometimes we are lucky during these momentary lapses (no oncoming traffic, or the intersection is empty); sometimes we are unlucky, or extremely unlucky and the consequences are severe.

When are these "lapses" criminal and when are they a mere traffic violation? Two recent and important cases offer assistance in answering this question for the motoring public and professional drivers. They establish that even a very brief period of inattention can attract criminal liability.

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