Careless Driving What You need to know

Careless driving is a traffic ticket under the Highway Traffic Act of Ontario. A police officer is allowed to issue this ticket where the officer believes the driver was:

• driving without due care and attention, or
• driving without consideration for other drivers

Where an accident has occurred, police officers are obligated (but not required by law) to issue a traffic ticket, where it appears the driver has made an error in driving.

There are two types of careless driving tickets that a police officer may issue:

• ticket with a fine
  • called Part One Provincial Offences Notice
• ticket with a court date
  • called a Part Three Provincial Offences Summons

A traffic ticket with a fine is called an “Offence Notice”.

An offence notice gives the driver three options:

• pay the fine (not recommended)
• plead guilty with an explanation (not recommended)
• appear in court to have a meeting with the Prosecutor to reduce the charge (not recommended)
• plead not guilty to the charge

If the driver pleads guilty, or guilty with an explanation, all the judge is allowed to do is reduce the fine.

Where the driver meets with the Prosecutor, the prosecutor may reduce the charge, but:

• a conviction still goes to the insurance
• the driver loses any chance of having the charge dismissed
• the prosecution does not have to prove the charge
  • officers do not have to appear in court
  • witness do not have to appear in court
• there may still be demerit points attached to the ticket
• conviction goes on your driving record for three years

The best way to win your case to keep your driving and insurance record clear is to set a trial date and being represented by calling OTT Legal.

Traffic tickets with a court date are called a “Summons to Appear”

• usually issued for more serious traffic offences
• driver or their legal representative must appear in court or be subject to arrest
• driver may hire a legal representative, like OTT Legal to appear for them

A summons to appear in court for careless driving can have increased fines and penalties, including:

• jail up to two years
• licence suspensions up to five years
• fines between $2,000 and 50,000 for personal injury or death

In issuing a summons, the officer is saying to the court that the driver’s action is such that:

• the minimum fine for careless driving is insufficient,
  • that the driver should appear before a judge, and
    • that a higher penalty, including jail should be considered

Read more about Summons to Appear in Court >>

How a careless driving ticket affects your insurance.

The insurance company will put 2 strikes against you for being involved in traffic accident and receiving a careless driving ticket.

When a police officer issues a traffic ticket for careless driving, it’s the officer’s opinion or belief that the driver was driving:

• without due care and attention, or
• driving without consideration for other drivers

To be found guilty of careless driving, it’s the Justice of the Peace that decides, not the police officer.

When your case is investigated by our legal team, many times we find that careless driving was the wrong charge and does not apply for your case.

You may have a defence that needs to be explained to the court. It’s your right to take your traffic ticket to court and challenge the opinion of the police officer.

OTT Legal has helped thousands of drivers dismiss and reduce careless charges, saving demerit points and high insurance rates.  Call us today!