Definition

Careless driving is a serious offence under the Ontario Highway Traffic Act (HTA) with significant consequences for your driving record, insurance, and even your freedom. According to the HTA:

“Every person is guilty of the offence of careless driving and driving carelessly who drives a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway.”

This broad legal definition means you can be charged for even minor driving errors, which could lead to serious penalties.

Penalties for a Careless Driving Conviction

If convicted of careless driving, you could face:

• Fine: The fine is $490, but thats not the only penalty.  Where the police officer summons the driver to court the judge can increase the fine up to $2,000 for a first time offence.

• Up to six months in jail: In serious cases, a careless driving conviction can lead to jail time. This isn’t just a fine—you could lose your freedom, something that will deeply affect your personal and professional life.

• License suspensions for up to two years: Losing your license for such an extended period can make daily life challenging. From commuting to work to managing family obligations, a suspension can cause major disruptions and hardships.

• Demerit points on your driving record:Careless driving adds six demerit points, which puts you dangerously close to losing your license altogether. Accumulating points may also force you to attend a demerit point interview.

• Higher insurance premiums:Convictions for careless driving will cause your insurance rates to rise dramatically, costing you hundreds or even thousands more per year. This increase could last for 3 to 5 years, making it one of the most financially damaging consequences of the charge.

What Does This Mean for You?

A careless driving charge can dramatically affect your ability to drive and lead to long-term financial consequences. Even a small mistake can result in significant penalties, from fines to a license suspension, and your insurance costs could skyrocket.

Careless driving encompasses a wide range of behaviours on the road. The definition is broad and includes various circumstances, such as:

• Insufficient Caution: The driver may not have exercised adequate care while operating their vehicle.
• Neglecting Road Conditions: The driver failed to consider the current conditions of the road, which can include factors like weather, traffic, or road surface.
• Inattention: The driver may not have been paying sufficient attention to their surroundings or the act of driving itself.
• Lack of Due Care and Attention: This refers to driving in a way that demonstrates a lack of reasonable care. It indicates that the driver was not operating their vehicle with appropriate consideration for safety
• Disregarding Other Road Users: The driver was operating their vehicle without proper regard for other individuals using the roadway, which could include pedestrians, cyclists, or other vehicles.

It is important to note that a charge of careless driving does not imply that the driver was engaging in dangerous behavior or acting in a criminal manner. Rather, it highlights a failure to uphold the necessary standard of care expected from all drivers on the road.

Careless driving in Ontario is not classified as a criminal offence but rather a traffic violation under the Highway Traffic Act (HTA) of Ontario.

This means that while the penalties can be severe, including fines, demerit points, and license suspensions, it does not result in a criminal record. Careless driving is considered a Provincial Statue or provincial law governing the Ontario roadways, the act is focused on ensuring public safety on the roads rather than criminal intent or moral blame.

Unlike criminal charges, careless driving typically involves situations where a driver has been negligent or made an error in judgment, without the intent to cause harm. This distinction helps ensure that individuals charged with careless driving face significant consequences without the lifelong implications of a criminal record.

Careless driving is not a criminal offence. You do not receive a a criminal record for careless driving.

Careless driving is a provincial law, under the Highway Traffic Act of Ontario which is a Province of Ontario statute (provincial law). You do not receive a criminal record only the only record is against your drivers licence.

The main difference between careless driving and dangerous driving is that careless driving involves unplanned events, such as a car accident, while dangerous driving consists of intentional actions, like drag racing.

In Canadian law this refers to intent.  Dangerous driving involves some manner of intent vs careless driving the prosecution does not have to prove that you intended to do the act.

When a police officer issues a ticket for careless driving, it’s the officer’s opinion that the driver was not exercising due care and attention while driving. To be found guilty of careless driving, the decision is made by a Justice of the Peace, NOT the police officer.

During our investigation of your case, our legal team often discovers that:

• You were not driving carelessly. Many factors can contribute to a driving situation that may appear careless but do not warrant a ticket. You’re not guilty of the charge, it didn’t happen as the officer suggests and the charge should be withdrawn without going to trial.
• Careless driving was the wrong charge. In some cases, other charges may be more appropriate based on the circumstances of the incident. Officer’s over charge drivers, e.g. you made a lane change without seeing the other car, but the officer charged you with careless driving instead of a lane change offence.
• The charge does not apply to your case. There are instances where the specific elements of careless driving are not met in your situation. The charge doesn’t fit the situation, e.g. there was an accident on private property but a careless driving charge can only be laid where the offence occurred on the roadway, not private property.
• You have a legal defence. Understanding your rights and the nuances of your case is crucial for building a solid defence. The situation may not have happened as the officer believes. You have a defence to the charge, or your defence team has a legal argument that applies, and the charge should be withdrawn.

If you have a defence or a legal argument, it’s important that it’s present it to the court by a legal professional like OTT Legal. You have the right to ensure the judge hears your side of the story.

OTT Legal has helped thousands of drivers with traffic tickets, and we can help you too. Call us today to learn how professional legal representation can win for you today.

Kaelah Mizzi
Licensed Paralegal

A careless driving charge can feel overwhelming, but you don’t have to face it alone.

At OTT Legal, we’re here to guide you through the complexities of your case, build a strong defence, and work tirelessly win your case. Whether it’s fighting for a dismissal, reducing the charge, or protecting your license and insurance, our experienced team knows how to help you.

Don’t wait—call us today for a free, no-obligation consultation.