Reckless Driving Charge Ontario
What is Reckless Driving in Ontario?
In Canada, the term reckless driving is often used to refer to different types of traffic violations, including careless driving, stunt driving or dangerous driving. Importantly, there is no legal definition of the term reckless driving in Ontario, so that it can refer to any of said violations depending on the context.
For example, reckless driving can include driving without due care, attention or consideration of others, such as tailgating, aggressive driving or texting while in the driver's seat, which is legally defined as careless driving. Reckless driving can refer to instances of speeding or heavy braking to cause another vehicle to stop, classified by Ontario's Highway Traffic Act as stunt driving. Finally, this term is also used to describe operating the vehicle in a manner dangerous to the public which is a criminal offence known as dangerous driving.
Careless Driving vs. Reckless Driving Ontario
While reckless driving is often used interchangeably with careless driving, these terms are not the same. Careless driving is a provincial violation under the Highway Traffic Act that occurs when someone operates a vehicle on the streets, highways, parkways, squares or other places intended for the general public without due care, attention or reasonable consideration for others.
At the same time, reckless driving is not a legal term in Canada and can refer to different traffic violations, including careless driving. In other contexts, reckless driving can also refer to instances of stunting as well as dangerous driving, with the latter being a criminal offence potentially leading to a criminal conviction and a criminal record.
Reckless Driving Impact on Car Insurance
Many people who want to know what happens when you get charged with reckless driving are primarily concerned with the consequences for car insurance. That said, no matter what type of charges you face, whether these are for careless driving, stunting or dangerous driving, all of these will have a dramatic effect on your insurance rates.
Although your insurance rate may remain the same during the period of your driver's license suspension, it will be immediately increased once you have the right to drive again. The charges will be visible to any insurance company for 3 years after the incident, during which you will be considered a high-risk driver. In most situations, you can expect a minimum 100% increase in insurance rates or more. In aggravated cases, insurers can cancel the insurance policy, refuse to renew it at expiry or even decline to sell insurance at all to individuals charged with reckless driving.
Steps to Take After Receiving a Reckless Driving Charge
When you receive a reckless driving charge in Ontario, there are several scenarios depending on the severity of the violation. If you are charged with a less serious traffic incident, you will be offered to pay the ticket without going to court. Although this option may seem like the simplest way to go, paying the ticket equals an admission of guilt with immediate consequences for your insurance and driving record.
Instead, you have the option to fight the charges by selecting Option 3 on the traffic ticket and sending it to the court within 15 days after the incident. After that, you will receive the Notice of Trial with the date and time of your hearing.
For more serious cases, you will receive summons requiring you to attend court on a certain day and answer the charges. In cases of stunt driving or dangerous driving, the officer will also request that you surrender your license. For stunt driving, your license will be suspended for 30 days, while dangerous driving leads to a 90-day automatic suspension.
In either case, whether you receive a traffic ticket or a summons, it is always recommended to seek legal advice and representation at trial. Having a legal professional by your side is always the best line of defence, increasing the chances of having the reckless driving charges reduced or dismissed.
Example of Reckless Driving
Since reckless driving is a broad term, it extends to instances of careless driving, stunting and dangerous driving. Below are some examples of what can be referred to as reckless driving:
- Careless driving: This violation involves driving a vehicle without consideration for other persons, such as driving while texting or looking at your phone, tailgating, failing to yield to pedestrians, ignoring traffic signals or unsafe lane changing.
- Stunt driving: While the most frequent violation leading to stunt driving charges is speeding, there are multiple other situations considered as stunting according to the Highway Traffic Act. These include driving in a manner indicating an intention to lift some of the tires from the road, to spin, or to cause the vehicle to circle without controlling it. Other examples of stunting involve driving in a manner indicating an intention to prevent other vehicles from passing or interfering with the movement of other vehicles.
- Dangerous driving. These situations involve the most extreme driving violations that can lead to a criminal conviction, a lengthy prison sentence and a criminal record. Driving behaviours which can be classified as dangerous driving include driving at high speed through a crowded area, speeding in poor weather conditions, deliberately driving against traffic on a one-way street and similar instances that demonstrate a marked departure from the standards of care expected of a reasonable driver.
Reckless Driving FAQ
How far over the speed limit is considered reckless driving?
When someone exceeds the allowed speed limit, they can be charged with reckless driving, which is legally classified as stunt driving in Ontario. For example, speeding by more than 40 km/h on roads with a speed limit below 80 km/h is considered reckless driving and results in a stunt driving charge. Where the allowed speed limit is above 80 km/hour, a driver can get a reckless driving charge, legally defined as stunt driving, when speeding by 50 km/h or more. Finally, driving above 150 km/h is considered stunt driving on all roads in Ontario.
What happens when you get charged with reckless driving?
Depending on the seriousness of the violation, you can face charges for careless driving, stunt driving, or dangerous driving, all of which are sometimes referred to as reckless driving. For less serious instances of careless driving, you may receive a ticket with an option to pay the fine, which equals an admission of guilt. In most situations, it is always a better idea to refuse to pay the ticket and opt to contest the charges in court.
For more serious violations, you will receive a summons to appear for the court hearing. In cases of stunt driving or dangerous driving, the police will automatically suspend your driver's license for 30 days or 90 days, respectively. If convicted, your insurance rates will be affected immediately after you have restored your driver's license. Turning to legal counsel for help increases the chances of having your charges reduced or dismissed in court.
Can you be charged with reckless driving on private property?
In Ontario, you may be prosecuted for what is commonly referred to as reckless driving in various situations involving careless driving and stunting under the Highway Traffic Act (HTA) or dangerous driving under the Criminal Code of Canada. Both the Criminal Code and HTA include broad definitions to cover private property. Thus, you can be charged with reckless driving on private property, for example, in parking lots of shopping malls or anywhere else where the public has access.
Do you get arrested for reckless driving?
In Ontario, reckless driving does not automatically result in arrest except for the most extreme cases of dangerous driving posing a danger to the public and viewed as a criminal offence. In some situations of reckless driving, such as speeding or stunting, you can be pulled over while your vehicle can be impounded for 14 days. However, in case of more severe violations, such as causing bodily harm or death or evading the police, the arrest can occur.
Does reckless driving show up on a criminal background check?
Most reckless driving instances, such as careless driving or stunt driving, are not criminal offences which do not result in a criminal record and do not show up on a background check. However, if someone driving recklessly is convicted of dangerous driving under the Criminal Code, the conviction will be followed by a criminal record and will be visible in the Canadian Police Information Centre (CPIC) and other databases.
How long does reckless driving stay on your record?
After you are charged with reckless driving and convicted of either careless driving or stunt driving, you will get demerit points which stay on your driving record for 2 years. The insurance company will see your conviction for reckless driving 3 years after the day of the incident and apply increased insurance rates. At the same time, the police, the prosecution and the court will always see all your previous convictions for driving violations which remain permanently on your driving record.
What happens if someone reports you for reckless driving?
If you are reported for reckless driving, the police may investigate the allegations with different consequences. Depending on the availability of sufficient evidence, the police may lay charges against you for careless driving, stunt driving or dangerous driving.
When facing these charges, you will receive a summons to appear in court on a specified day and time to attend a court hearing. Depending on the severity of the allegations and the outcome of the hearing, you may face various penalties, including demerit points, driver's license suspension, monetary fines, and even a prison sentence.
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.
I cannot thank Phil and team enough from Legal Action for handling my case with such professionalism and kindness. It was tough time for me and just knowing that I did not have to worry about my ticket gave me such peace of mind. I recommend Legal Action to anyone who needs legal assistance! They are so on point and you can literally leave the information with them and forget that it ever happened. THANK YOU Phil and Team!
I am pleased with Legal Action and Phil for helping me win my case, he and his firm are very reliable and professional. Would highly recommend to anyone in need of legal assistance in the future for traffic tickets, criminal charges and small claims. Thanks again Phil for doing me a solid.
Having legal action behind your back, is already an absolute win. Phil and his caring and passionate staff are there for you. You can have peace of mind that your case is in best capable hands. Thank you all so much for making my driving record a lot better one. Shokoofe Ehsani
I am so happy because won the case .Thank you so much for your efforts, you did a great job. You are the best Philip alexiu. I recommend your services to everyone. thx again Philip alexiu .
Phil, this is the guy to get it done. He will deliver as promised. Don't listen to any of these botched reviews. Phil is an understanding paralegal who is very professional. Jessica is organized, detailed and very polite as well. If you have any legal troubles please consider legal action. They got me the best result on a speeding ticket. Please consider them!
Been a best experience and I am so thankful to Phil and his team to get my work done. They are best Paralegals in this area, go visit them if you want your work done.
Zero complaints. Kept in touched at all times if any issues came up before and after notice date of trial would use their services again 100%. Thank You Legal Action for your time
Phil is good at his work. My wife had two tickets which we had filed and missed the court dates for but Phil somehow got them reopened for an upcoming date and had one of them withdrawn due to lack of evidence and we're waiting on the second court date. Fingers crossed! Highly recommend Phil.
Great service. The team has been very diligent and understandable to my situation. They worked towards the solution I wanted. Highly recommend this team.
