Careless Driving In Ontario

What Is Careless Driving In Ontario?

Section 130 of the Ontario Highway Traffic Act defines careless driving as follows: 

“Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

Several actions are commonly recognized as careless driving:

• Failing to maintain a safe distance from other vehicles.
• Engaging in road rage.
• Not checking mirrors when reversing or changing directions.
• Risky or unsafe passing and lane changes,
• Running a red light or a stop sign.
• Excessive speeding, street racing, or stunt driving.
• Involvement in accidents with pedestrians and cyclists.
• Causing a crash due to inconsiderate actions, or distracted driving, such as texting while driving.
• Any other situation where proper care is not taken on the road.

Ontario Careless Driving Ticket Types

There are three types of careless driving tickets: 

• Careless driving ticket without an accident
• Careless driving ticket with an accident
• Careless driving ticket causing bodily harm or death

Careless Driving Without an Accident

If you’re charged with careless driving without an accident (under section 130(1) of the Highway Traffic Act), it means you were driving without due care and attention. Such charges may be reduced to unsafe lane change, failure to yield, or following too closely.

Careless Driving Causing Death or Bodily Harm in Ontario

If you drive without reasonable care and cause bodily harm or death to another person, you may receive a ticket for careless driving under section 130(3) of the Ontario Highway Traffic Act. This serious provincial offence can result in significant penalties, including jail time, fines, and loss of your driver’s licence. However, it is not a criminal offence, so you will not receive a criminal record.

Careless Driving Fines And Penalties 

If you are fined for careless driving, you can face:

• Fines range from $2,000 to $50,000.
• 6 demerit points.
• 30-day licence suspension (for novice drivers); maximum for up to 5 years (for all drivers).
• Serious offences may result in a two-year licence suspension.
• Serious offences could also result in a maximum of six months in jail.
• Upon conviction for careless driving, you will likely see increased insurance costs.

How Many Demerit Points For Careless Driving?

In Ontario, careless driving results in a penalty of six demerit points, along with possible fines and other consequences, such as licence suspension or imprisonment, depending on the severity of the offence.

How Long Does Careless Driving Stay on Your Record in Ontario?

In Ontario, a conviction for careless driving under the Highway Traffic Act remains on your driving record indefinitely. However, insurance companies can see this conviction for three years from the date of the conviction. As a result, having a history of careless driving may affect your eligibility for certain government jobs that require a clean driving record.

Is Careless Driving A Criminal Offence In Ontario?

In Ontario, careless driving is a provincial offence and does not result in a criminal record. However, depending on the severity of the offence, drivers can face fines, licence suspension, and possible jail time.

Dangerous driving is a criminal offence that leads to a criminal record. Penalties for dangerous driving are harsher, including larger fines, longer licence suspensions, and significant jail time, emphasizing the seriousness of such behaviour on the road.

What To Consider If You Get A Careless Driving Ticket In Ontario

Before addressing how to reduce your charge or contest a careless driving ticket, it’s vital to understand the following:

Unique Cases

Every careless driving case in Ontario is distinct; defences that worked for others may not apply to you. Factors such as location and driving behaviour can significantly affect your situation.

Timely Submission

Careless driving tickets must be submitted to traffic court within 15 days. This is essential for arranging an early resolution meeting or a trial date.

Serious Charges

Careless driving is considered a serious offence, distinct from minor speeding violations. Consult a knowledgeable lawyer or paralegal for the best defence strategy to protect your rights.

Understand Police Evidence

Review the police evidence against you before the early resolution meeting. Familiarity with the incident report and witness statements is crucial for your defence.

Court Misconceptions

Many think explaining their adherence to traffic rules will help; however, this can unintentionally confirm guilt and lead to a conviction.

Inefficient Tactics

Using poor strategies not only fails to help but can also prolong the court process, often requiring 2-3 appearances to contest a ticket. Being well-prepared is key to a smoother resolution.

How to Get a Careless Driving Ticket Dismissed

Understand the Severity of a Careless Driving Conviction

A conviction for careless driving can lead to serious penalties. And it’s important to understand potential consequences, to grasp the importance of contesting the charge:

• Fines: Ranging from $400 to $2,000
• Demerit Points: 6 points on your driving record
• Jail Time: Up to 6 months
• Licence Suspension: Up to 2 years
• Increased Insurance Rates: A conviction can cause a significant rise in your insurance premiums, which may last for several years and ultimately cost you thousands of dollars.

While careless driving is typically treated as a traffic offence, it can escalate to a criminal charge if serious harm is involved, resulting in a criminal record.

Do Not Plead Guilty or Pay Immediately

Don’t rush to plead guilty or pay the ticket, as doing so admits guilt and can lead to a conviction on your driving record. Instead, explore your options and build a strong defence to potentially have the ticket dismissed or reduced, helping you avoid long-term consequences.

Formally Dispute the Charge Promptly

Your ticket has three options:

1. Pay the ticket and plead guilty.
2. Meet with a prosecutor (not advisable).
3. Choose the trial option.

To contest the charge, fill out Section 3 (trial option) on your ticket and submit it to the Ontario court within 15 days of the offence. This will prevent an automatic conviction and allow you to fight your case.

Request Disclosure of Evidence

Submit a formal request for disclosure to obtain all evidence the prosecution will use against you, including officers’ notes and witness statements. Analyzing this information helps identify inconsistencies and establish reasonable doubt, which can get your careless driving ticket dismissed.

Build Your Case on Reasonable Doubt

Work with your traffic paralegal or lawyer to create a defence strategy that raises reasonable doubt in the prosecution’s case. Consider these steps:

• Look for discrepancies in evidence and witness statements that could weaken the prosecution’s argument.
• Collect evidence and testimonies, such as dashcam footage or GPS data, showing you were driving responsibly.
• Suggest credible reasons for the incident, including road conditions, weather, or other drivers’ actions.

Attend the Court Hearing Fully Prepared

To prepare for your court case, review and organize all your evidence carefully, and practice your testimony with a lawyer or paralegal to build confidence. Work together to focus on key points that establish reasonable doubt, and anticipate the prosecution’s questions to develop strong responses.

Consider Pleading Down a Careless Driving Ticket

Consider plea bargaining if you receive a careless driving ticket. This involves negotiating with the prosecutor for a lesser charge with fewer consequences, especially if the evidence against you is strong and dismissal seems unlikely. Discuss this option with legal experts to determine if it’s the best choice for your situation.

To challenge your traffic ticket, seek help from a traffic lawyer or paralegal. JUSTICEJOLT’s team of traffic specialists can offer a solid defence, helping to keep your driving record clean and potentially reducing your fine or getting your ticket dismissed.