Careless Driving Ticket Ontario

Careless driving: What is it?

In Ontario, careless driving is an offence under the Highway Traffic Act (HTA). According to the HTA, Section 130, careless driving refers to driving or operating a motor vehicle “without due care and attention or without reasonable consideration for other persons using the highway.”

The HTA does not provide an exhaustive list of specific behaviours that constitute careless driving offence. However, the courts often find that the following examples constitute the violation:

  • Driving or operating a vehicle in a manner that endangers other people or property on the road.
  • Making sudden lane changes without proper signalling or checking for other vehicles.
  • Speeding excessively not taking into consideration road conditions, traffic, or pedestrians.
  • Failing to yield the right of way to other vehicles, pedestrians, or cyclists when required
  • Distracted driving, such as using a handheld electronic device.
  • Most accidents in Ontario will result in a careless driving charge.

It is important to note that these are examples and not an exhaustive list. The determination of whether a person is guilty of driving carelessly will depend on the specific circumstances of each case, as it involves the assessment of the driver’s behaviour and its potential impact on the safety of others.

Types of careless driving tickets in Ontario

In Ontario, two specific types of tickets can be issued for careless driving. The tickets are categorized based on the severity of the offence. In most cases, a person will be issued what is called a Part I Offence Notice, which will have a fine on it.

In more serious cases, where there has been an accident or a severe injury a Part III Summons will be issued that will command you to attend court on a specific date to answer the charge.

Careless driving causing bodily harm or death

If an accident results in bodily harm or death to another person, it is considered a more serious offence. The specific charges and penalties associated with careless driving causing bodily harm or death fall under section 130(3) of the Highway Traffic Act. In this specific instance, the person will be charged with a summons and face more severe consequences.

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What are the penalty for careless driving in Ontario?

The penalties for careless driving can vary depending on the circumstances of the charge and any previous convictions. The penalties can include:

  1. Fines: The fine for a careless driving in Ontario conviction can range from $400 to $2,000, depending on the circumstances. The court has the discretion to determine the exact amount within that range.
  2. Demerit Points: A conviction for careless driving will result in six demerit points added to the driver’s record. Accumulating demerit points can lead to license suspension.
  3. License Suspension: Convictions can result in a driver’s license suspension. The length of the suspension can vary, but it can be as long as two years, particularly for more severe cases or repeat offences.
  4. Driver Retraining Programs: In some cases, drivers convicted of careless driving may be required to complete a mandatory driver retraining program.
  5. Imprisonment: Drivers convicted of careless driving may face imprisonment for a term of not more than six months.
  6. Increased Insurance Premiums: A careless driving conviction can result in much higher insurance premiums.

Penalties for Careless driving causing bodily harm or death are more severe and may include:

  1. Fines: The fine for a Careless driving causing bodily harm or death conviction can range from $2,000 to $50,000, depending on the circumstances. The court has the discretion to determine the exact amount within that range.
  2. Demerit Points: A conviction for Careless driving causing bodily harm or death will result in six demerit points added to the driver’s record. Accumulating demerit points can lead to license suspension.
  3. License Suspension: Careless driving causing bodily harm or death convictions can result in a driver’s license suspension for up to 5 years.
  4. Driver Retraining Programs: In some cases, drivers convicted of careless driving may be required to complete a mandatory driver retraining program.
  5. Imprisonment: Drivers convicted of Careless driving causing bodily harm or death may face imprisonment for a term of not more than two months.
  6. Increased Insurance Premiums: A Careless driving causing bodily harm or death conviction can result in much higher insurance premiums.

How to fight a careless driving fine?

If you want to fight a careless driving charge in Ontario, you have the option to dispute the charge in court. Here are some steps you can take to potentially challenge the ticket.

Review the ticket

Carefully review the ticket and make note of any errors or discrepancies. This could include mistakes in the details of the offence, inaccurate information, or procedural errors. These issues could potentially weaken the case against you.

Gather evidence

Collect any evidence that may support your defence. This can include photographs, videos, witness statements, or any other relevant documentation that can challenge the allegations made in the ticket. For example, if there were extenuating circumstances or if you believe you were not at fault, gather evidence to support your position.

Consult with a paralegal or lawyer

It is highly recommended to consult with a paralegal or lawyer who specializes in traffic offences or provincial offences. We can provide you with legal advice specific to your case, assess the strength of the evidence against you, and help you build a defence strategy

Remember, the legal process can be complex, and the success of your defence depends on the specific circumstances of your case. Seeking guidance from a paralegal or lawyer experienced in traffic offences is highly recommended to help you navigate the process and present a strong defence.

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20:36 27 Mar 24
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21:32 22 Mar 24
Hands down best experience from a traffic ticket lawyer. Volodymyr Did a great job at fighting my ticket in court told me how it would look did a great job at talking to the crown and getting my tickets dismissed. 100% satisfied.
JJ
08:10 08 Mar 24
I was really very appreciative of the efforts of Traffic paralegal services (Caledon office) and the way they managed my traffic ticket. I spoke to Leanne after being issued with an unfair traffic ticket by a belligerent, somewhat biased police officer who was overbearing and seemed to take pleasure in exercising his inflated sense of power! I called the Caledon office in a distraught state and explained my particular situation. I felt truly "heard" by Leanne who was very understanding, helpful and took the time to listen to my story offering useful feedback in a comforting and kind manner. I was at risk of not only a $600 plus fine but also demerit points and a sure increase in insurance if I was charged not to mention my clean record being smeared!Traffic paralegal services were professional, updated me regularly and my charges and fine were withdrawn leaving my record intact! I was mostly grateful for Leanne who took into account my particular situation and the circumstances of the issuance of the traffic ticket and took it in hand to fight my case. Very satisfied with the outcome and the pleasant hassle free process thanks to Leanne and her team!
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19:40 12 Dec 23
I cannot fully describe in words how amazing the people are who work here! Leanne is the freaking best! I had a charge that was really going to screw up my future and they worked diligently and compassionately to not only get the charges thrown out but to also comfort me through the process! Leanne is the kind of person you want on your side! I cannot thank her and her team enough!!!!!10/10 definitely recommend!!Now, I can happily breathe!
Ruby BrarRuby Brar
15:55 29 Aug 23
My experience was really disappointing. I paid double the cost of my ticket for their services, only to be left with the same offer the prosecution gave me on day 1. Nothing was reduced, not the charge or points so it was a waste of money for me. Everyone I interacted with at Traffic Paralegal Services was nice but I wasn't paying $700 for that... at the most, they delayed the case a few months but overall, I wouldn't recommend.
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18:31 08 Jul 23
My family and I have used Traffic Paralegal Services a few times and each time we have been extremely satisfied with the level of service we have recieved. All of the staff have been exceptionally wonderful, professional and courteous. Any questions or concerns we have, have been addressed promptly and the staff are in constant communication with you. This helps alleviate any additional stress one may have as they truly take on your case and manage all hearings, court dates and represent you! A special shout out to Volodymyr who represented both my Mom and brother and saved them their demerit points and convictions. He has done an exceptional job pleading their cases. Their rates are beyond fair for the time and efforts they put in to resolving your case. I would highly recommend Traffic Paralegal Services and would use them in the future again if needed.
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FAQ

How long does a careless driving conviction stay on my record?

Technically, it stays on your record forever. However, for insurance purposes, it will only be visible for 3 years from the conviction date.

Is careless driving a criminal offence?

No, a careless driving offence is not considered a criminal offense.

Will careless driving causing bodily harm or death result in a criminal record?

No, it will not. It will only be on your driver’s record.

How many points does careless driving carry?

6 Demerit Points.

What are my chances of beating a careless driving charge?

It depends on the circumstances of the case and the evidence presented by the prosecution. In 99.7% of cases, we can significantly reduce the charges for a ticket for careless driving, if not dismiss them entirely.

What is the penalty for careless driving in Ontario?

The careless driving Ontario penalty can include substantial fines, demerit points, and even license suspension, depending on the severity of the incident. In serious cases, a ticket for careless driving may lead to increased insurance premiums and potential legal consequences.

Can a lawyer help me fight a careless driving ticket?

Yes, a careless driving lawyer can be invaluable in helping you contest a ticket for careless driving. They understand the specifics of Ontario’s traffic laws and can work with you to potentially reduce the careless driving Ontario penalty or have the charges dismissed.

What should I do if I get a careless driving ticket in Ontario?

If you receive a ticket for careless driving, it's important to consider seeking legal assistance. A careless driving lawyer can guide you on the best course of action to minimize penalties, including possible fines, points, or a suspended license.

Our Team

Volodymyr Menok

President – Licenced Paralegal

Michael Walt

Founder

Leanne Principato

Licenced Paralegal