Navigating a DUI Charge: Exploring the Lesser Charge of Careless Driving
If you’ve followed our previous posts or watched our videos on the subject, you already know that in certain scenarios, it’s possible to transition a DUI (Driving Under the Influence) charge to a less severe offence known as Careless Driving, as stated in the Highway Traffic Act. Let’s delve deeper into this topic for those who are unfamiliar.
The Key Advantage of Reducing Your DUI Charge
Reducing a DUI charge to Careless Driving carries one major advantage – it helps you avoid earning a criminal record. For many people, this is crucial as a criminal record can significantly impact one’s life.
However, it’s worth noting that opting for a Careless Driving charge doesn’t mean you’ll escape without any penalties.
Understanding Penalties from a Careless Driving Charge
In this article, we’ll walk you through the four penalties you can expect if your DUI charge is lowered to a Careless Driving charge.
Recognizing the Lesser Charge of Careless Driving
The first point to understand is what the lesser charge of Careless Driving entails. As mentioned in Section 130 of the Highway Traffic Act, penalties for Careless Driving include a starting fine of $1,000 along with a 25% victim surcharge. The Ministry of Transportation of Ontario will also add 6 demerit points to your driving record.
Probation Period: What to Expect
Another consequence of reducing your DUI charge is that you’ll likely enter a period of probation. During this time, you’re expected not to repeat the same offence (or any other offence that includes jail time as a potential penalty). Additional conditions may apply. Breaching any probation terms can lead to jail time and other penalties.
Installing an Interlock Device
Next, you’ll be required to install an Interlock device in your car. This equipment prevents your vehicle from starting if you have any alcohol in your system. A professional must install this device, and you’ll need to rent it for the duration set by the court, which could cost around $2,000.
Anticipate Increased Insurance Premiums
Despite Careless Driving being a lesser charge than a DUI, insurance companies will note your original DUI charge, likely resulting in increased insurance premiums.
In conclusion, even though the penalties from a Careless Driving charge are substantial, they are significantly more manageable than the alternative of being convicted of a DUI and earning a criminal record.
What are the penalties for a DUI first offence in Ontario?
The penalties for a first offence DUI in Ontario can vary depending on the specific circumstances of the case, such as the level of alcohol in your blood and whether there were any aggravating factors, such as having a child in the vehicle or causing an accident. However, the minimum penalties for a first offence DUI in Ontario include a fine, a criminal record, and a 1-year suspension of your driver's license. Repeat offenders face even harsher penalties, including imprisonment.
What is the difference between a DUI and a careless driving charge in Ontario?
In Ontario, a DUI (driving under the influence) is a criminal charge that is based on the amount of alcohol in your blood. Careless driving, on the other hand, is a less serious traffic violation that is based on the manner in which you were driving. While a DUI carries more severe penalties, including a criminal record, a fine, and a license suspension, a careless driving charge carries a lesser fine and no criminal record. However, it is still important to take both charges seriously and seek legal representation to help you defend your rights and minimize the consequences.