Careless Driving
Provincial Offences
Careless driving is no joke. Under the Ontario Highway Traffic Act, careless driving is an offence that can lead to serious repercussions, including fines and even jail time. It is important to be aware of the rules and regulations of the road. If you do find yourself in legal trouble, call us at 844-4-WIN-4-ME for a free consultation.
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What is Careless Driving in Ontario?
Careless driving is a serious offence in Ontario. As per the Highway Traffic Act, driving in a manner that endangers or is likely to endanger persons or property is considered careless driving. This can include anything from speeding, running a red light, tailgating, or even failing to yield for pedestrians. It is important for drivers in Ontario to be aware of the rules of the road and to always drive with due care and caution.
The consequences of careless driving in Ontario can be severe. Depending on the severity of the offence, drivers can face hefty fines and even jail time. Additionally, drivers may lose their license and have points added to their driving record. Furthermore, their insurance premiums may be increased or their coverage even cancelled.
It is important to note that careless driving is different from distracted driving. Distracted driving involves any activity that takes a driver’s attention away from the road, such as texting, eating, or talking on the phone. Careless driving is more than just distracted driving, as it involves driving in a manner that is likely to endanger persons or property.
In order to prevent careless driving, drivers should always obey the rules of the road and maintain a safe following distance. They should also be aware of their surroundings and always be prepared to stop or slow down if necessary. Additionally, drivers should never drive while impaired, as this can lead to serious consequences.
Ultimately, careless driving is a serious offence in Ontario and can have severe repercussions. It is important for drivers to be aware of the rules of the road and to always drive with due care and caution. Doing so will help ensure the safety of everyone on the road. With that being said, mistakes do happen. We offer free consultations to those accused of careless driving.
Defences for Careless Driving
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Careless driving is a serious offence that can have serious consequences for those found guilty. In Ontario, the penalties for careless driving can be severe, with possible fines, licence suspensions, and even jail time. Fortunately, there are defences available to those facing a careless driving charge.
The most common defence for a careless driving charge is to show that the accused was not driving in a manner that was careless. This can be done by establishing that the accused was driving safely and cautiously, and by providing evidence that the accused was not driving recklessly or without due care and attention.
Another defence is to prove that the accused's actions did not cause any harm. This defence is often used when an accident is involved, as it can be argued that even if the accused was driving carelessly, he or she did not cause any injury or damage.
In addition, the accused may raise a defence of necessity. This defence is applicable when the accused was driving in a manner that was careless in order to avoid some sort of harm or danger. For example, if the accused was trying to avoid hitting a pedestrian, this might be a valid defence.
Finally, the accused may also raise a defence of mistake of fact. This defence applies if the accused was mistaken about a certain fact, and this mistake caused the accused to act carelessly. For example, if the accused was mistaken about the speed limit and was driving carelessly as a result, this could be a valid defence.
In conclusion, those facing a careless driving charge in Ontario have a number of defences available to them. It is important to consult with a paralegal who is experienced in handling these types of cases in order to ensure the best possible outcome. Call us today for a free consultation at 844-4-WIN-4-ME.
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Careless Driving
It is important that you know a few things about careless driving tickets.
Careless Driving Penalties
| Penalty Type | Careless Driving NOT Causing Bodily Harm or Death | Careless Driving Causing Bodily Harm or Death |
|---|---|---|
| Demerit Points | 6 Demerit Points | 6 Demerit Points |
| Fine | $400 to $2,000 | $2,000 to $50,000 |
| Imprisonment | Up to 6 Months | Up to 2 Years |
| Licence Suspension | Possible 2-Year Suspension | Possible 5-Year Suspension |
| Novice Drivers Licence Suspension | Automatic Suspension | Automatic Suspension |
| Insurance | Increase Or Cancellation Of Policy | Increase Or Cancellation Of Policy |
Long-Term Implications of Your Traffic Ticket
For many traffic tickets, it’s tempting to just pay the fine instead of going through the hassle of fighting the ticket.
Traffic convictions cost more than you think – For traffic offences, the potential cost to you is much higher than the fine on the ticket.
From the damage to your driving record due to demerit points to the financial burden of higher vehicle insurance rates for at least three years, the real costs start if you plead guilty and pay the ticket.
Careless Driving Explained
Since the law is so complex, careless driving can be a bit confusing. Careless driving can be interpreted in many ways by the police, and many situations qualify as an offence. It is a charge or ticket issued by the police when they believe a driver failed to drive safely and was not using care. Even though the law is somewhat open to interpretation, certain acts are commonly considered careless driving.
The following are just some examples:
- Following too closely, or road rage
- Driving while using a cell phone or portable navigation device
- Reversing or changing directions without checking mirrors
- Failing to yield to pedestrians at a crosswalk
- Passing in a risky or unsafe manner
- Drinking or eating while driving.
- Running a red light or failing to stop at a stop sign
- Street racing, excessive speeding, or stunt driving
- A pedestrian or cyclist-involved accident
- An accident is caused by inconsiderate behaviour, such as texting while driving or applying make-up while driving.
- In any other situation where proper care is not taken on the road
Section 130 of the Ontario Highway Traffic Act defines the act of careless driving:
"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 reasonable consideration for other persons using the highway."
Options for Dealing With Your Ticket
There are three options listed on the back of your speeding ticket:
- Plea of Guilty
- Early Resolution
- Trial Option*
*The trial option is the only one that gives you the chance to set a trial date and fight the speeding ticket in traffic court. It is important to note that some courts require an early resolution before scheduling a trial.
Defending Your Careless Driving Ticket
If you have the right legal representation, a careless driving ticket can be defended in court as an offence of strict liability.
The following defences exist:
- A careless driving ticket can be defended with due diligence, arguably the strongest defence. If the defendant can prove at trial that reasonable steps were taken to prevent the commissioning of the offence (action), or that some extraordinary circumstances/conditions may have contributed to the accident or driving behaviour, the trial judge may declare the action innocent.
- Prove It – Since Careless Driving is considered a quasi-criminal offence (meaning its process in court follows the same steps as its criminal code counterpart), the Crown Prosecutor is always obligated to prove all essential elements beyond a reasonable doubt.
To satisfy the court, the Crown Prosecutor must:
- On a highway while the defendant was in control of a motor vehicle, the offence or driving behaviour occurred
- According to the charging officer, technical issues such as date, time, jurisdiction, and identity are appropriate
- The driver failed to exercise due care or attention while operating a motor vehicle
- There was no reasonable consideration for others on the highway by the driver of the motor vehicle
Frequently Asked Questions
Here are answers to some common questions.