Careless Driving Penalty

The police nor the courts are required to inform you of the long term and hidden penalties of a careless driving conviction, which include:

• fine $490 to $2,000
• loss of six (6) demerit points
• mandatory licence suspension for novice drivers
• possible six (6) month suspension for all drivers
• serious offences possible six (6) months in jail

As well as the careless driving penalties prescribed by law, if convicted of this offence the driver will suffer these additional penalties:

• insurance increases 100% upon conviction
• stays on driving record for three (3) years
• possible loss of employment for commercial drivers

The penalties for careless driving are severe, and a conviction for this offence will affect your right to drive and insurance rates for 3 years or more.  Persons applying for jobs where a drivers licence is required will be affected by a conviction.

In serious accidents the careless driving penalty is dramatically increased.

The penalty upon conviction is:

• fine $2,000 to $50,000
• loss of Six (6) demerit points
• possible two (2) years in jail
• licence suspension up to five (5) years
• insurance increases 100% upon conviction
• thirty day (30) driver licence suspension for novice drivers
• stays on driving record for three (3) years

Where bodily injury or death has occurred the prosecution will always be considering a licence suspension and jail.

No, Careless driving is not a criminal offence.

Careless driving is an offence under the Ontario Highway Traffic Act which is a provincial law, which is called a “provincial statute”.

Criminal charges are federal laws under the Criminal Code of Canada. The main difference between a criminal charge and a highway traffic act offence is that there is no intent to commit the act in traffic act offences.

The incident/accident is usually an accident where the driver did not plan on it happening, they just made a mistake in their driving.

Most time criminal offences requires intent, the driver intended to do the act and then an accident happened, e.g. a drag race is planned and an accident happened.  This would be a planned event showing intent.

When a police officer issues a ticket for careless driving, it’s the “officer’s opinion or belief” that the driver was carelessly.

To be found guilty of careless driving, a Justice of the Peace listens to what happens and then the judge makes the decision about your driving, not the police officer.

As a driver in Ontario, it is your right to challenge the officer’s opinion and have a judge listen to what happened. Where you have been accused of driving carelessly, get experienced legal advice by calling us today.

We ensure that you ticket is taken care of professionally, where every legal opportunity to win your ticket is explored.