Being charged with careless driving in Ontario can be a stressful and challenging experience. Understanding the specifics of this offence and the laws surrounding the charge is important in contesting your ticket. The Highway Traffic Act of Ontario defines careless driving as driving “without due care and attention or without reasonable consideration for other persons using the highway.”
If you’ve been accused of such an offence, you have the right to contest the charge. The consequences of a careless driving charge can be significant, including hefty fines, demerit points, a possible suspension of your driver’s license, and increased insurance rates.
To successfully fight a careless driving charge, it’s important to have a well-prepared defence.
Definition of Careless Driving under the Highway Traffic Act
Careless driving in Ontario is defined by Section 130 of the Ontario Highway Traffic Act. Under this section, careless driving is described as operating a vehicle or streetcar on a highway or road without due care and attention or without reasonable consideration for other persons using the highway or road.
Key Definitions:
- Motor Vehicle: This includes cars, motorcycles, trucks, and buses.
- Street Car: A vehicle that runs on tracks embedded in the road.
- Highway: In this context, refers to any publicly maintained road.
- Due Care and Attention: This implies the expectation to drive in a manner that does not put others at risk.
How Carelessness is Determined
Violation of Section 130 does not depend on involvement in a collision. Carelessness can be assumed if your driving behavior is considered dangerous to the public, with or without incident or accident. Examples of careless driving may include erratic or aggressive maneuvers, and distracted driving.
Penalties for Careless Driving
If you are convicted of careless driving, you may face severe penalties such as:
- Fines: Ranging from $400 to $2,000.
- Imprisonment: A possibility for serious offences, up to 6 months.
- License Suspension: Up to 2 years.
- Demerit Points: 6 points added to your driving record.
Legal Process for Fighting Careless Driving
Careless Driving Ticket
If a police officer issues you a careless driving ticket, it typically means they believe your driving was a danger to the public due to a lack of care or attention.
It’s important to read your ticket thoroughly, it provides essential details like the offence date and your court appearance information.
Options after Receiving a Ticket
Upon receiving a careless driving ticket, you have three primary options:
- Pay the fine: This is an admission of guilt and will impact your insurance coverage negatively along with you receiving demerit points.
- Plead guilty with an explanation: This means you accept guilt but wish to explain the circumstances at a court appearance.
- Contest the charge: To dispute the ticket.
Fighting The Ticket and Preparing For Trial
If you choose to contest the charge, preparation is key. If your charge goes to trial and you yourself receive disclosure, (the evidence the prosecution has against you) it’s important to review this evidence carefully. It can include:
- Officer’s notes
- Witness statements
- Accident reports
Gather any evidence or witnesses that can support your case.
Consulting with an experienced paralegal in traffic laws, such as OTD Legal, can help you formulate a strong defence strategy.
Possible Defences Against a Careless Driving Charge
To defend against a careless driving charge, focus on the specific circumstances of your case. Your defence may include demonstrating:
- Lack of evidence to support the charge
- Your driving was reasonable under the circumstances
- Errors in the police officer’s assessment
- Violations of your rights and freedoms
Remember, the burden of proof is on the prosecution, and they must prove that you were driving without due care and attention or without reasonable consideration for others.
Demonstrated concerns, such as a sudden medical emergency, can be an important factor in your defence. A successful defence could lead to a dismissal of the charge.
If the case involves careless driving causing bodily harm or death summons, consult with a paralegal immediately, as this is a more serious offence under the Criminal Code and requires an extremely strong legal strategy.
Hiring Legal Representation
Free Consultation: Traffic ticket paralegals like OTD Legal offer a free consultation to discuss your case.
This is an opportunity for you to understand the potential consequences of the offence.
- Representation: A great traffic ticket paralegal will represent you throughout the legal process, from discussions with the prosecutor during an early resolution meeting to appearing in court on your behalf.
- Previous Convictions: If you have previous convictions for similar offences, a paralegal can also argue the relevance and provide context to potentially mitigate the impact.
Frequently Asked Questions
What are the potential outcomes when contesting a careless driving charge?
When you contest a careless driving charge, the outcomes can range from full dismissal to maybe a reduction of penalties to still getting a conviction of Careless Driving – especially if you fight the ticket on your own.
How can one have a careless driving ticket reduced or dismissed?
To have a careless driving ticket reduced or dismissed, you should gather evidence that supports your case or proves your driving was not careless. Hiring a legal professional experienced with traffic laws in Ontario will strengthen your case, and is the optimal solution to fight your charge.
How long does a careless driving conviction stay on your driving record in Ontario?
A careless driving conviction remains on your driving record for three years from the date of conviction.
This may affect your insurance rates and driving privileges during that period.
