Being charged with careless driving is not a situation you want to find yourself in. Careless driving is a severe offence that can result in a ticket, fine, or worse, depending on your behaviour behind the wheel. It can be combined with other incidents, such as distracted driving and driving impaired, making matters even worse.
In this blog, you'll learn about careless driving charges, how they can affect you and if you can do anything to fight the fine.
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:
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.
Careless driving fines and penalties vary in Ontario based on the severity of the situation leading to you being charged. Here is some information on the type of fines and tickets you could receive.
A careless driving charge in Ontario applies to many situations. You can be charged with it if an accident meets the following:
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.
Here is a breakdown of the possible driving penalties you could receive if you are given a charge in Ontario:
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:
Consult your legal counsel for more information if you have been charged with careless or dangerous driving.
Due to its somewhat open interpretation, careless driving charges can have some level of ambiguity, and it may make sense to fight it. For more information about how to fight a careless driving ticket, speak to a legal advisor about your situation and your legal options.
An experienced legal representative can negotiate with the prosecutor to seek reduced penalties, fines, or alternative resolutions, which may lead to a lesser offence, but still impact your Ontario auto insurance.
All individuals using the road must realize that they must ensure their own safety and that of others. This can be achieved by following traffic laws, remaining alert while driving, and practicing patience and politeness on the road. By making a deliberate effort to drive safely, we can foster responsible road behaviour in Ontario.
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Tags | Auto Coverage |
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