Careless Driving Charge Ontario
Careless Driving Charge Toronto
A driver can be charged with careless driving if he or she drives a vehicle without due care and attention or without reasonable consideration for other persons using the highway.
If convicted you are liable to a fine of not less than $400 and not more than $2000 or to imprisonment of not more than 6 months or both. Your license may also be suspended for up to 2 years.
Dangerous Driving vs. Careless Driving in Ontario
Dangerous driving and careless driving have some overlap but are still distinct offences with different consequences. While dangerous driving is a criminal offence prosecuted under the Criminal Code of Canada, careless driving is a provincial violation charged under Ontario's Highway Traffic Act (HTA).
According to section 320.13 of the Criminal Code of Canada, someone can be charged with dangerous driving offence when he or she operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. This broad definition uses the term conveyance, which includes not only road vehicles but also vessels, aircraft and railway equipment. Typical examples of dangerous driving include driving at extreme speeds within residential areas or driving against traffic, posing a direct threat to oncoming drivers.
At the same time, the Highway Traffic Act declares someone guilty of careless driving when they drive a vehicle or a street car on a highway without due care and attention or reasonable consideration of other persons. Importantly, the definition of highway according to the Act also includes smaller streets, parkways, squares and such, any part of which is intended for or used by the general public, so that someone can be charged for careless driving even in a parking lot. Careless driving can include multiple behaviours, for example, tailgating and aggressive driving, as well as putting on makeup, eating, drinking or texting while driving.
If someone is convicted of dangerous driving, they can face prison time up to 10 years in cases without injuries and up to 14 years if there are injuries as a result of an accident. Meanwhile, dangerous driving leading to death can result in imprisonment for life. Monetary penalties also apply. Needless to say, a criminal conviction for dangerous driving goes with a criminal record.
At the same time, the charges for careless driving are much less severe and don't result in a criminal record, whether such driving resulted in bodily harm or not.
Types of Careless Driving Charges
The charges for careless driving in Ontario are defined in Section 130 of the Highway Traffic Act. The Act sets two types of charges, including simple careless driving without causing bodily harm and careless driving resulting in bodily harm or death.
If careless driving does not cause bodily harm or death, the driver may be liable to a monetary penalty of up to $2,000 or imprisonment of up to 6 months or both. Additionally, their driver's license can be suspended for up to two years for the most serious instances of careless driving.
However, in cases where careless driving resulted in bodily harm or death, the driver can be liable to a penalty of up to $50,000, prison time of up to two years or both. In such cases, the period of license suspension can be extended up to five years.
Careless Driving Impact on Car Insurance
Your careless driving charge will not be left unnoticed by your insurers. A insurance broker can provide accurate advice on how much it will affect your record.
In more severe careless driving cases, the impact of conviction on the insurance fees would be even more pronounced. In some cases, insurers may even cancel the insurance policy or refuse to renew it at expiry. Importantly, if you have several drivers from your family on a multi-car policy, the insurance of other drivers and vehicles will also be affected.
Meanwhile, switching insurance providers after careless driving conviction could be complicated as other insurers would immediately know about the careless driving charge from your records. While every insurance company has its own policy regulating its approach and fees for various driving convictions, most insurers would view careless driving as a major violation and would offer the least competitive rates.
Evidence Required for a Careless Driving Charge
According to the law, careless driving is a strict liability offence, so prosecutors do not need to demonstrate that the driver had the intent to drive carelessly. When someone is charged with careless driving in Ontario, prosecutors only need to prove that the accused either drove the vehicle without due care or attention or operated it without reasonable consideration of other persons using the highway. While the law does not require drivers to be perfect, they are still expected to "exercise ordinary care" of prudent and reasonable drivers.
How to Fight a Careless Driving Charge in Ontario
Depending on the circumstances, even the mere fact that the accident has occurred can be enough to put the onus on the driver to prove that they were reasonable and the accident occurred not through their fault. Meanwhile, there are a number of defences to fight a careless driving charge in Ontario, for example, the due diligence defence, where the driver needs to show that they did all that was reasonable and expected of a prudent driver.
You will need to go through the police officer's notes and other disclosure against you to prepare your arguments before going to the courtroom. It is also generally recommended to speak to an experienced legal counsel to explore various defence strategies suited to your individual circumstances.
Steps to Take After Receiving a Careless Driving Charge
If you receive a careless driving ticket with a fine, there is always an option to pay the ticket without going to court. Meanwhile, paying the ticket equals admission of guilt, which will have far-reaching repercussions on your insurance rates, driving records and other aspects of your life.
If you are ready to fight a careless driving charge, don't plead guilty or pay the ticket. Instead, select Option 3 on the traffic ticket and send it to the court within 15 days. Meanwhile, you will need to prepare for the trial, requesting police notes or disclosure of evidence against you.
If you receive a ticket without a fine, aka summons, you will already have a court date on your ticket. You will need to attend the court on the specified date and respond to the charges.
In either case, whether you have a traffic ticket with a fine or summons, it is best to seek legal advice early before trial to increase your chances of having your ticket dismissed or withdrawn.
Careless Driving FAQ
What can a careless driving charge be reduced to?
Although a careless driving charge is not a criminal offence, it bears negative consequences, including demerit points, fines, higher insurance rates or even jail time. In situations where you cannot have your careless driving charge withdrawn or dismissed in court, the next best option is to have it reduced to minimize the penalties and other consequences. For example, depending on the actual situation, careless driving charges in Ontario can be reduced to charges like failure to yield, following too close, unsafe lane change, or similar lesser charges.
How many demerit points for careless driving?
Similar to other traffic offences, a careless driving charge in Ontario goes with demerit points, which are added to the driver's record. When you accumulate between 9 to 15 points in total for a G licence, your license might be suspended, or you might receive a warning letter from the Ministry of Transport or be required to attend an interview with the MOT to prove why they should not suspend your license. G2 licence will suspend with less points including 1 convciton with 4 points or more
A driver convicted of careless driving gets 6 demerit points in addition to other penalties foreseen by Ontario's Highway Traffic Act. However, if the court decides to suspend the driving license for any period, the driver does not get any additional demerit points after the offence.
How to get a careless driving ticket dismissed in Ontario?
If your traffic ticket goes with the fine, paying the fine constitutes the admission of guilt and will not help having your ticket dismissed. So, if you received a traffic ticket for careless driving in Ontario, the only way to have it dismissed is to fight the charges in court.
You will need to request police notes, choose the most effective defence strategy and attend the court on the date of the hearing to respond to the charges. Or, you can retail experienced legal counsel focusing on traffic offences in Ontario to provide for your defence, ensure professional legal representation and fight for you in court.
Is careless driving a criminal offence?
Careless driving charges, including incidents involving bodily injury or death, fall under Ontario's Highway Traffic Act. In addition to demerit points and fines, careless driving can result in imprisonment of up to 2 years, depending on the gravity of the offence. However, careless driving charges do not fall under the Criminal Code of Canada and, therefore, do not constitute a criminal offence. While a careless driving conviction stays on driving records, it does not result in a criminal conviction or criminal record.
How long does careless driving stay on record in Ontario?
If you get convicted of careless driving in Ontario, the conviction and demerit points will go on your driving record. The demerit points for traffic offences, including careless driving, stay on the driver record for two years from the date of the offence. Meanwhile, the conviction for careless driving will be on a drivers abstract for three years from the date of conviction. The insurance companies will be able to see both the demerit points and convictions before they are removed from your driving record.
Do you have to go to court for careless driving?
If you received a traffic ticket for careless driving with a fine, you have the option to pay the fine without going to court, which is equivalent to pleading guilty to the charges, resulting in a formal conviction.
However, if you choose to contest the traffic ticket with a fine for careless driving or if you are summoned for a court hearing for careless driving without the option to pay a fine, you need to appear in court on the date of the hearing and respond to the charges. Alternatively, you can retain legal counsel working with driving offences to provide for your legal defence in court.
How to get careless driving off your record?
Generally, there are two ways to get careless driving off your record. In the first scenario, if you get a conviction for careless driving under Ontario's Highway Act, it will disappear from your driving record after three years from the date of conviction. However, if you seek to prevent demerit points and conviction from appearing on your driving record in the first place, the only option is to contest the charges in court.
If you choose to fight off conviction for careless driving, you should avoid pleading guilty or paying the fine for the traffic, prepare your arguments, go to the court on the date of hearing and respond to the charges. You also have the option to hire legal professionals to respond to the charges on your behalf and help you get careless driving off your record.
What is a lesser charge than careless driving?
Having your careless driving charges in Ontario reduced to lesser charges can be one of the viable defence strategies in court if you cannot have your traffic ticket dismissed or withdrawn completely.
In most cases, having the charges reduced to a lesser traffic offence can result in fewer demerit points, lesser fines and less impact on your insurance rate. Depending on the circumstances, careless driving can be reduced to following too closely, disobeying sign charges, improper lane change and similar charges.
What's the difference between reckless driving and careless driving?
In some contexts, the term reckless driving is used independently or interchangeably with dangerous driving, careless driving, or stunt driving. Meanwhile, it is important to know that reckless driving is not legally defined in Ontario, and there is no such offence under the provincial laws of Ontario or the Criminal Code of Canada.
Sometimes, the term reckless driving can be used interchangeably with dangerous driving as defined in Article 320.13 of the Criminal Code of Canada, which is a criminal offence subject to criminal penalty and criminal record. Meanwhile, careless driving is a non-criminal offence defined by the Highway Traffic Act of Ontario, which bears a lesser penalty and does not result in a criminal record.
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