{"id":2191,"date":"2026-11-11T05:19:45","date_gmt":"2026-11-11T05:19:45","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/reckless-negligent-driving-washington-entering-canada\/"},"modified":"2026-11-11T05:19:45","modified_gmt":"2026-11-11T05:19:45","slug":"reckless-negligent-driving-washington-entering-canada","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/reckless-negligent-driving-washington-entering-canada\/","title":{"rendered":"Reckless or negligent driving in Washington and entering Canada: how Canada compares the offence, and what to do"},"content":{"rendered":"

By Sundeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 10, 2026<\/em><\/p>\n

Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia<\/a>.<\/em><\/p>\n

Updated November 10, 2026: section 36 of the Act, sections 320.13, 320.14 and 320.19 of the Criminal Code, RCW 46.61.500 and 46.61.5249, and section 144 of BC’s Motor Vehicle Act checked that day.<\/em><\/p>\n

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The fix:<\/strong> compare the exact Washington offence and facts with Canadian law before you travel. If it counts, a temporary resident permit for the trip and rehabilitation when eligible; if not, carry the records and an explanation.<\/p>\n

The deadline:<\/strong> none, but plan before the trip. A refusal at the border is recorded.<\/p>\n

Why a lawyer:<\/strong> the same plea can be treated very differently depending on the statute, the charging language and whether alcohol was involved. Why a lawyer<\/a><\/p>\n

Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

If you were convicted of reckless driving or negligent driving in Washington, often after a DUI charge was reduced, you may still have a problem entering Canada. Canada compares the foreign offence with Canadian criminal law. Reckless driving in Washington means driving “in willful or wanton disregard for the safety of persons or property”, which can look like dangerous operation of a conveyance in the Criminal Code, an offence with a maximum of 10 years. Negligent driving in the first degree involves driving negligently while showing the effects of alcohol, cannabis or drugs, and how Canada treats it depends on the facts. Careless driving that would only break a provincial traffic law in Canada does not make you inadmissible.<\/p>\n

Lawgical Law Corporation<\/a>, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, near the Washington crossings, advises US drivers with criminal records on entering Canada; this guide is by Sundeep S. Grewal.<\/p>\n

How does Canada compare the offence?<\/h2>\n

Reckless driving<\/strong> (RCW 46.61.500<\/a>, a gross misdemeanor of up to 364 days in jail). A Washington reckless driving conviction can be equivalent to dangerous operation under section 320.13 of the Criminal Code<\/a>, which carries up to 10 years, if the evidence shows the driving was dangerous to the public and a marked departure from how a reasonable driver would have driven in the circumstances. The Washington offence is broader than the Canadian one, so the facts matter. If the conduct amounts only to a provincial traffic offence, such as driving without due care and attention under section 144 of BC’s Motor Vehicle Act, it does not create criminal inadmissibility under section 36.<\/p>\n

Negligent driving in the first degree<\/strong> (RCW 46.61.5249, a misdemeanor). It requires negligent driving that endangers or is likely to endanger a person or property, together with signs of alcohol, drug or other intoxicant use. Washington can prove those signs with evidence such as an odour of alcohol and recent use. Canadian impaired operation under section 320.14(1)(a) requires that your ability to drive was actually impaired, even slightly. So the conviction may be equivalent to impaired operation if the evidence shows impairment, or to dangerous operation if the driving itself meets the test above. The fact that the original charge was a DUI does not, on its own, establish either Canadian offence.<\/p>\n

Why this needs a lawyer<\/h2>\n

One lawyer, one file, every step:<\/strong><\/p>\n