4. Proof of dangerous driving
As shown in the case of careless driving, the Court will adopt an objective test in deciding whether or not the act of driving in question is dangerous. It effectively means that each case before the Court will have to be scrutinized in the light of the factual circumstances related to the accident. The Court would take into account all relevant facts, (whether they are apparently dangerous or not) and all reasons given by the driver, to ascertain whether or not there is dangerous driving.
- Ms. R drove through 2 red lights at the speed of 100 km per hour and then collided with a stationary vehicle on the opposite side of the road. Upon being charged with dangerous driving, Ms. R argued that trees blocked her view of the red lights, and then she lost control of the vehicle and it dashed into the other side of the road although she had tried her best to keep it on the right side of the road. Assuming that is true, would Ms. R be able to get away with the charge?