Careless Driving, Ontario

Careful driving is essential to keep the roads safe for you and everyone around you. However, drivers sometimes don’t follow the rules as strictly as they should. Careless driving is considered one of the most common and serious traffic offences under the Ontario Highway Traffic Act. That’s why the province of Ontario has implemented penalties for careless driving in Ontario. In this blog post, we go over what is considered careless driving by the laws of Ontario, the penalties, how it affects your car insurance policy, and more.

What Is Considered Careless Driving in Ontario?

There is no one clear action that is considered careless driving. Ontario laws surrounding careless driving are somewhat vague and open to interpretation by law enforcement officials; you can get an Ontario careless driving ticket for different reasons.

For example, careless driving can be a charge or ticket issued by police based on their interpretation of a driver’s level of care and attention while driving.

If driving carelessly causes bodily harm or death, it will be considered a serious offence, according to section 130(3) of the Ontario Highway Traffic Act. Other than that, careless driving is not considered a criminal act, and it won’t go into your criminal record.

Acts that are considered examples of careless driving include road rage, failing to maintain a safe distance from other cars, not checking mirrors when reversing or changing directions, and running a red light or stop sign. Other acts of careless driving include:

Unsafe passing or lane changes.
Excessive speeding, motor vehicle racing, or stunt driving.
Crashing because the driver is texting and driving.
Car Accidents involving pedestrians and cyclists.
Generally, driving without reasonable consideration for the safety of others.

Section 130(3) defines careless driving as: “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

What Are the Penalties for Careless Driving in Ontario?

Although careless driving isn’t a criminal offence that goes on your criminal record, it can still have dire consequences, like fines, driver’s license suspension, and even jail time. The penalty depends on the severity of the offence. You can expect a careless driving fine of $490 to $2000.

Careless drivers also get six demerit points issued. Demerit points are added to your record for traffic violations, and they affect your insurance profile. New drivers can get a driver’s licence suspension for 30 days if they receive a careless driving ticket. Moreover, if the careless driving happens in a construction or a community safety zone, the driver pays double the fine.

For a serious careless driving offence, a driver can get even worse careless driving penalties, like a potential license suspension for up to two years or a maximum of six months’ jail sentence. Commercial drivers could lose their jobs because of careless driving.

What Happens to Auto Insurance If You Have a Careless Driving Charge?

The penalties for careless driving may impact your insurance premiums significantly. Insurers see reckless drivers as high-risk. That means that they consider you likely to file future claims if you have a careless driving ticket or charge.

As long as the conviction remains in your record, you will see an increase in your car insurance rates. A careless driving conviction can remain on your driving record indefinitely, affecting insurance for up to three years.

Bear in mind that if you’re considered a high-risk driver, you will find it hard to get car insurance in Ontario at a good price. Many car insurance companies don’t cover high-risk drivers.

What Are the Types of Careless Driving Tickets?

The penalties and fines for careless driving in Ontario differ based on how severe the situation is. Here are the types of careless driving tickets you can receive.

Careless Driving Ticket with a Fine

If your careless driving didn’t cause any accidents, you only receive a fine and get 6 demerit points. Paying the fine is considered an admission of guilt, so a legal representative may advise waiting or disputing the charge.

Careless Driving Ticket Without a Fine

Not receiving a fine is common for more serious offences. In that case, you will receive a summons to appear in court, where you get to pay a higher fine, in addition to a potential licence suspension and even jail time. You get a careless driving charge if your driving resulted in an accident and/or bodily harm or death.

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Is Careless Driving the Same As Distracted or Dangerous Driving?

Both distracted driving and careless driving are provincial offences, with lower consequences than dangerous driving, which is a criminal offence. Below are the main differences between dangerous, distracted, and careless driving.

Distracted Driving

A driver gets a distracted driving fine if they’re found using an electronic device while driving, even if it doesn’t result in a collision or a dangerous action. Other actions, like eating, drinking, or grooming during driving, are also considered punishable acts of distracted driving.

Distracted driving has less severe penalties than both careless and dangerous driving, but is dependent on the frequency of the offences. Repeated offences increase the severity of the penalties. The penalties for distracted driving include:

Penalties in Ontario:

First Offence:
- Fine: Up to $1,000
- Demerit Points: 3 points
- License Suspension: 3-day suspension
Second Offence:
- Fine: Up to $2,000
- Demerit Points: 6
- License Suspension: 7 days
Third Offence:
- Fine: Up to $3,000
- License Suspension: 30 days
Insurance Impact: Moderate to serious, depending on frequency and insurer policy

Dangerous Driving

Understanding the distinction between careless and dangerous driving is crucial in determining the appropriate legal response. This type of driving is a criminal offence under the Criminal Code of Canada. It involves operating your car motor vehicle in a way that poses danger to the public.

Acts of dangerous driving include speeding excessively, street racing, running red lights aggressively, and reckless swerving through traffic.

The penalties for dangerous driving are more severe than those for careless driving. Moreover, careless driving charges apply only on roadways, while dangerous driving covers a broader range of areas.

First Offence:
- Up to 10 years in prison
- License Suspension: Mandatory
Causing Bodily Harm:
- Up to 14 years in prison
Causing Death:
- Up to life imprisonment
Criminal Record: Yes, with long-term consequences.
Insurance Impact: Extremely severe; most insurers may cancel or refuse coverage.

What Happens If You’re Charged with Careless Driving?

Getting a careless driving charge is possible if you caused a lot of damage, like an accident where there’s bodily harm or death. In that case, you will need a careless driving lawyer.

With the help of an experienced legal representative, careless driving charges can potentially be reduced to lesser offences. If you hire a traffic paralegal, you may not even need to appear in court. Here’s what to do when you get a careless driving charge.

Understand the Legal Process

The first thing to do is to stay calm, comply, and avoid saying things that may get you in more trouble. Understanding the process with the help of your legal representation can improve your chances of success. Review your charges carefully to understand the specific allegations and the deadline for responding to them.

Gather Evidence

Collect any relevant information that may support your case, such as a photo, witness statements, or dashcam footage. Examining the evidence, you may find that there were extenuating circumstances or proof that the accident, if applicable, wasn’t your fault.

Dispute Charge

You should always dispute a careless driving ticket to avoid severe consequences on your driving record. To dispute your charge, don’t pay the fine immediately, as it’s considered an admission of guilt. Next, you should file a notice of intention to appear in court within 15 days.

Your legal representative should request all evidence the prosecution has against you, like witness statements and officer notes. With the help of your lawyer, you can build a case that involves challenging the evidence or demonstrating that your driving was reasonable under the circumstances.

At the end of the day, the officer’s opinion is central to a careless driving ticket. Still, it is the Justice of the Peace who decides the guilt of the driver. So, building a strong case might help you dispute the charge altogether.

How to Avoid Careless Driving

Careless driving results in financial loss at best and a jail sentence at worst. Good news, you can avoid the hassle with attentive, responsible, and law-abiding driving habits. Below are some key strategies to help you keep a clean driving record and avoid a careless driving charge.

Avoid distracted driving. Refrain from using your phone or any electronic device when driving. Silence any devices that may startle you. Additionally, eating or performing any activities while driving can distract you from focusing on the road. Set up navigation systems before you start the car.
Adhere to basic driving rules. For example, the “two-second rule” helps prevent tailgating, which is a common form of careless driving. The rule goes: leave a two-second gap between you and the car in front of you so you have enough time to react and respond to changes and prevent collisions. Increase the two-second distance when the weather conditions are bad.
Obeying all traffic rules is the best strategy to avoid being charged with dangerous or careless driving. Observe and abide by the speed limits to decrease the chance of a collision. Always use turn signals to alert other drivers to your next move. Finally, yield appropriately to prevent causing a dangerous situation.
Practice defensive driving, which means to anticipate and stay alert to potential hazards while being prepared to respond. The idea is to continuously scan the road for potential dangers. If you find aggressive drivers on the road, try to avoid them, keep a distance, and don’t engage. If they make a sudden move, be ready to react. By enrolling in a defensive driving course, you can enhance your driving skills and knowledge.
Your mental clarity when driving can save your life. Be sure to only drive when you’re well-rested. If you’re going on a long road trip, plan rest breaks. If you’re overly tired or sleepy during the trip, pull over and rest. Studies show that driving while sleep-deprived is as dangerous as driving under the influence.

How Can a Defensive Driving Course Help You Avoid Careless Driving in Ontario?

Taking a defensive driving course has many benefits.

These courses help you take a proactive approach to driving on the road. While you can’t control the behaviour of other drivers, you can still learn how to identify hazards, respond, and react to their reckless driving.
Through the courses, you can reinforce your knowledge of traffic laws, like the Highway Traffic Act. Knowing these laws and regulations will help you make the right legal and safety decisions and minimize the risk of careless driving infractions.
You will learn proper vehicle control techniques, like proper braking, steering, and skid control. These enhanced driving techniques will help you drive safely through difficult driving conditions, reducing the chance of getting in an accident due to loss of vehicle control.
Defensive driving courses also address the psychological aspects of driving. It can teach you how to manage stress and avoid road rage. Learning to stay calm and make good decisions under pressure will help prevent engaging in careless behaviours, like driving aggressively or making sudden lane changes.
If you get a careless driving charge, you can potentially get a reduced penalty if you complete a defensive driving course certificate. The court may see it as proof that you want to improve your driving habits and avoid future incidents. You could also get fewer demerit points or a reduced fine.
Another benefit of defensive driving courses is that you can get lower insurance premiums in Ontario by completing a recognized defensive driving course. Many insurance companies view taking the course as a commitment to maintaining safe driving practices.

Careless Driving FAQs

How do I get my careless driving ticket dismissed in Ontario?

To get your careless driving ticket dismissed, you need to challenge the charge in court and create reasonable doubt regarding the prosecution’s case. Here’s how:

Don’t plead guilty or pay the fine immediately.
File a notice of intention to appear in court.
Request disclosure of evidence.
Consult a legal professional.
Examine evidence and prepare to dispute the charges in court and create reasonable doubt with the help of your legal representative.

Can a careless driving ticket be reduced in Ontario?

Yes, you can reduce the ticket by bargaining for a plea deal. Depending on your offence, you can receive fewer demerit points and a lower fine. The reduced penalty has less impact on your insurance rates than a higher one.

How Long Does Careless Driving Stay on Your Record in Ontario?

A careless driving conviction remains on your record for up to 3 years from the date of the conviction, during which you get a higher insurance premium than drivers with clean records.

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