Careless Driving Charges In Ontario

Careless driving can be confusing due to the nature of the law. The charge is open for interpretation by the police, and there are many situations where careless driving qualifies as an offence. It is a charge or ticket given out by police when they deem a driver was not using care and failed to pay attention and drive safely properly.

Even though the law is open to interpretation, there are acts commonly considered careless driving. Here are some examples:

• Failing to maintain a safe distance from other vehicles
• Road rage.
• Failing to check mirrors when reversing or changing directions.
• Risky or unsafe passing or lane changes.
• Running a red light or stop sign.
• Excessive speeding, street racing or stunt driving.
• Accidents involving pedestrians and cyclists.
• A crash is caused by an inconsiderate action – such as texting and driving.
• 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 without reasonable consideration for other persons using the highway.

What are the types of careless driving tickets in Ontario?

Careless driving fines and penalties vary in Ontario based on the severity of the situation leading to you being charged. One thing that won't vary is that they can significantly affect auto insurance costs and your ability to get coverage. Here is some information on the type of fines and tickets you could receive.

1. Careless driving with a fine: You receive a ticket with a fine amount and 6 demerit points. Paying the fine is your admission of guilt.
2. Careless driving without a fine: Receiving a ticket with no fine occurs for more serious offences. You will receive a summons to appear in court. You can expect to receive a fine closer to the upper limits, with the potential of a license suspension and even jail time for severe offences.

A careless driving charge in Ontario applies to many situations. You can be charged with it if an accident meets the following:

• With an accident
• Without an accident
• Causing death or bodily harm

If the police believe there was more in play, or there was malicious intent, you could receive a charge for criminal negligence or dangerous driving, both with stiffer penalties and the potential for a criminal conviction.

Careless driving is NOT considered a criminal offence, and you will not receive a criminal record if you are convicted of careless driving in Ontario. Even though it is a non-criminal charge, you will be subjected to fines, driver’s license suspension, and jail time, depending on the severity of the offence. You will receive a criminal record, however, if you are convicted of dangerous driving. However, you will receive a criminal record if you are convicted of dangerous driving.

Many drivers assume that careless and dangerous driving are similar. However, they are quite different. Here is a definition of dangerous driving as presented in the Criminal Code of Canada. If you compare the two, you’ll notice:

• Jurisdiction: Careless driving is found in the Highway Traffic Act – a provincial statute – whereas dangerous driving is found in the Criminal Code of Canada.
• Penalties: The penalties for dangerous driving are more severe – if you are found guilty of dangerous driving, you will receive a criminal conviction.
• Application: Careless driving charges are only applicable on roadways. You cannot be charged for it at a parking lot accident, or private roads or driveways.

Consult your legal counsel for more information if you have been charged with careless or dangerous driving.