#carelessdriving

Careless driving occurs when a motorist operates a vehicle without reasonable attention or consideration for others on the road. This charge is taken seriously in Ontario and can result in significant penalties, including demerit points, substantial fines, the possibility of jail time, and even licence suspension.

Careless driving is among the most commonly issued traffic violations in the province.

Knowing the implications of a conviction is an important step in protecting your record and your driving future.

Learn more: https://streetjustice.ca/2022/03/29/careless-driving/

If you've been charged with Careless Driving in Ontario under Section 130 of the Highway Traffic Act, it’s important to know what penalties you may face if convicted.  Beyond the defined penalties listed for a Careless Driving conviction, there is a major hidden cost that most people don't see, and that’s the impact on your car insurance. In this blog, we’ll break down everything you need to know about Careless Driving Penalties in Ontario - including details on the hidden insurance cost that most drivers don't know about.

What is the Careless Driving Charge in Ontario?

Careless Driving is defined under Section 130 of the Ontario Highway Traffic Act as driving without due care and attention or without reasonable consideration for other persons. This charge covers a wide range of driving behaviors, from minor errors in judgement to more severe cases resulting in bodily harm or death.

Penalties for Careless Driving in Ontario

If convicted of Careless Driving in Ontario, there are several penalties you may face depending on whether bodily harm or death occurred: For Careless Driving NOT causing bodily harm/death, the penalties are: - 6 demerit points - Fine between $400 - $2,000 - Up to 6 months in jail - Up to 2-year licence suspension However, if the Careless Driving incident involves bodily harm or death of another person, the penalties increase in severity significantly.  For Careless Driving CAUSING bodily harm/death: - 6 demerit points - Fine between $2,000 - $50,000 - Up to 2 years in jail - Up to 5-year licence suspension

Confusion About Driver’s Licence Suspensions

There is often confusion surrounding licence suspensions for Careless Driving charges. This stems from the fact that licence suspensions can be imposed by both the courts as a penalty upon conviction, as well as by the Ministry of Transportation of Ontario (MTO) separate from court penalties. Driver’s licence suspensions can be imposed by both the courts and the Ministry of Transportation of Ontario. Court-Imposed Driver’s Licence Suspensions:  The potential driver's licence suspensions listed above (i.e. up to 2-years or 5-years) are court-imposed penalties that could result from a Careless Driving conviction.  The decision maker on whether you’ll face a licence suspension is a Justice of the Peace in court. MTO Driver’s Licence Suspensions: Licence suspensions can also be triggered by the 6 demerit points you’ll get if you’re convicted. For novice drivers, G2 and G1 licence holders, face an automatic 30-day suspension because of the 6 demerit points. G licence holders will automatically have their driver's licence suspended if accumulating 6 demerit points brings their total to 15 or more. If their demerit point total reaches 9 to 14 points, they may face a licence suspension following a meeting with the MTO.

Careless Driving is Not a Criminal Offense

While Careless Driving is a serious charge, it is not a criminal offence. Careless Driving is a charge under the Highway Traffic Act of Ontario.  It is NOT a charge under the Criminal Code of Canada. That means if you’re convicted of a Careless Driving charge in Ontario, you will NOT get a criminal record.

: Insurance Impact After Conviction

While the defined penalties for convicted Careless Driving may seem clear cut, there is a major potential cost that is often overlooked - it’s this hidden increased car insurance premiums. This hidden impact extends far beyond the initial penalties you may face. Insurance companies take Careless Driving charges very seriously. In some cases, they treat a Careless Driving conviction similarly to criminal charges like dangerous driving or a DUI (impaired driving). As a result, a Careless Driving conviction on your record will likely substantially increase your insurance rates going forward. And, in more severe cases, insurers may even cancel your policy outright. These increased insurance costs can continue to impact drivers long after their conviction. Unlike the definite licence suspension, expensive premiums are the long-lasting hidden cost of a Careless Driving conviction in Ontario.

How to Avoid the Long-Term Insurance Price Tag: A Strong Legal Defence

If you've been charged with Careless Driving in Ontario, it's important to act fast. You only have 15 days after receiving the ticket to respond. Miss this deadline and you lose the ability to fight the charge or negotiate with the prosecutor. Act Fast: You Only Have 15 Days to Respond So your first priority is to carefully review the ticket and understand your options. Then, right away, you need to: - Consider the impact on your driver’s licence and insurance - Decide whether to admit guilt and pay the fine, or dispute the charge - If disputing, consult with an experienced traffic ticket lawyer immediately Here is a more detailed guide on the steps to take:

Step 1: Review the Ticket Carefully

The first thing you need to do is carefully review the ticket. Make sure you note: - The exact offence you've been charged with. If you’ve been charged with Careless Driving, the officer will write on the ticket “Section 130(1) of the Highway Traffic Act of Ontario” or “Section 130(1) H.T.A.” - Any notes or details provided by the officer - The date you must respond by (within 15 calendar days of receiving the ticket) - If your ticket states you must appear at the Ontario Court of Justice on a specified date, this means you are facing a Part 3 Careless Driving offense (which is different from a standard Careless Driving charge). This charge follows a unique legal process requiring immediate attention. You should promptly contact a traffic ticket defence lawyer to understand your options and next steps. Understanding the ticket is key to mapping out your response.

Step 2: Understand the Implications

It's important to realize that a Careless Driving conviction in Ontario can carry severe penalties: - Fines from $400 to $2,000 - A licence suspension of up to 2 years - 6 demerit points added to your licence - Up to 6 months in jail And, your Careless Driving conviction will result in a significant increase to what you’ll pay for driver’s insurance.

Step 3: Consider the Impact on Your Licence and Insurance

Before deciding how to respond, you need to fully understand the potential implications a careless driving conviction can have on your driver’s licence and insurance rates. A conviction results in 6 demerit points added to your licence.  - For G2 or G1 drivers: This will lead to an automatic 30-day driver’s licence suspension.   - For G drivers: Your driver’s licence will be suspended if your total demerit points are 15 or more.  Or, if your demerit points total is between 9 and 14, your driver’s licence might be suspended following an interview with Ontario's Ministry of Transportation. Your insurance premiums are likely to increase significantly if you are convicted of Careless Driving. In some cases, it may even lead to the cancellation of your insurance policy.

Step 4: Consider Your Options

You have a few options in responding: - Pay the fine - This means admitting you are guilty - Dispute the charge - Consider meeting with the prosecutor, going to trial and/or hiring a lawyer to fight the charge. Given the serious implications, disputing the charge may be your best option.

Step 5: Seek Legal Advice

Consulting with an experienced traffic ticket lawyer is highly recommended. They can provide expert guidance tailored to your specific situation. Key questions to ask them: - What is your approach to fighting this Careless Driving charge? - What is your experience in fighting charges like this? - What potential outcomes can you expect? - What are your fees and how are they structured? - What are the possible defences?

Step 6: Review Evidence and Build Your Strongest Defence

If you dispute the charge, your lawyer will obtain and review the prosecution's evidence, known as disclosure. Thoroughly examining the prosecution's case is crucial to developing your strongest defence. Your lawyer will then identify the most compelling defences to fight the Careless Driving charge. This will be based on weaknesses in the prosecution's case, whether there are any mitigating circumstances that could counter their accusations, and previous court case decisions regarding Careless Driving charges. Leveraging these weaknesses, mitigating factors, and applicable case law, your lawyer will build the most convincing case possible on your behalf. Your lawyer will represent you in court to achieve the best outcome.

Don't Go This Alone - Consult an Expert Lawyer