Is Careless Driving a Criminal Offence?
What is Careless Driving?
Careless Driving can include conduct like not driving carefully, not driving skillfully or not foreseeing risks attending to one’s conduct. It may also include driving without reasonable consideration for others.
Careless Driving is a Provincial Offence under the Ontario Highway Traffic Act.
Reckless Driving
“Reckless Driving” It is not an offence known to law. Most people mean the offence of Dangerous Operation of a Motor Vehicle when referring to “Reckless Driving”.
Dangerous Operation of a Motor vehicle, Criminal Code
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
Dangerous Driving means driving a vehicle in a manner that is objectively dangerous and a marked departure from what would be expected of a driver in those circumstances. There must also be a danger to the public who were, or may have, been present.
Dangerous driving is a Criminal Offence.
Examples of Careless Driving
- Operating a vehicle while distracted, such as using a mobile phone
- Traveling at a speed that exceeds what is considered safe for the given conditions, like maintaining regular highway speeds during a snowstorm with snow-covered roads and limited visibility
- Demonstrating a lack of skill while driving, such as taking a wide turn at an intersection and subsequently colliding with a pole or veering into a ditch.
How does a Careless Driving charge affect you?
Upon receiving an offence notice, you have a 15-day window to request a court date, or you will face a conviction or be considered ‘not disputing’ the offence. If you are issued a summons to appear in court, attendance is mandatory. Failure to appear may result in a trial being conducted in your absence, and you could be convicted without being present. Reach out to a JUSTICEJOLT® Traffic Ticket Specialist for a free, no-obligation consultation.
Careless Driving & Its Consequences
How many points is Careless Driving in Ontario?
Careless Driving carries 6 Demerit Points.
How long does Careless Driving stay on your record in Ontario?
A conviction always stays on a driving record, but most people are concerned with a 3 year driving abstract which is often requested by insurance companies when assessing driver insurance rates.
How do I get a Careless Driving ticket dismissed in Ontario?
There is no certainty a careless driving offence can be dismissed. However, the best way to increase the chances of dismissing the charge is to have a Lawyer or Paralegal represent you to review the alleged conduct and see if it fits the charge or if there are any lawful defences available. These issues can be brought to light at a trial where a Justice of the Peace may dismiss the charge if they are left with doubt that you committed the offence.
Does Careless Driving affect Insurance?
It depends on your insurance company, but Careless Driving is a very serious offence and may cause significant increases to your insurance or make you eligible only for ‘high risk’ insurance providers which can be very expensive.