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.

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 this type of ticket 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.