What is Careless Driving in Ontario?
Careless driving is a common charge under the Ontario Highway Traffic Act. But what exactly constitutes careless driving? This charge is open to interpretation by police officers, so it helps to understand what actions could potentially lead to a careless driving charge.
What Does Ontario Law Say About Careless Driving?
Section 130 of the Ontario Highway Traffic Act defines careless driving as operating a vehicle “without due care and attention” or ”without reasonable consideration for other persons using the highway.”
Some examples of actions that could be considered careless driving include:
- Failing to maintain a safe following distance behind other vehicles
- Not checking mirrors and blindspots before changing lanes or reversing
- Making unsafe turns or lane changes
- Excessive speeding or racing
- Running red lights and stop signs
- Performing stunts or tricks with a vehicle
- Driving while distracted or tired
- Falling asleep at the wheel
- Road rage or aggressive driving took place
- Collision has occurred
Any situation where the driver fails to operate their vehicle with proper care and attention could potentially lead to a careless driving charge. Since the charge is open to interpretation, police officers may lay a careless driving charge based on their observations at the scene.
Why is Careless Driving Such a Common Charge?
Careless driving is commonly charged because it acts as a “catch-all charge” for many moving violations.
Instead of identifying a specific offence under the Ontario Highway Traffic Act, police officers often opt for the careless driving charge due to its wide-ranging definition. This approach enables them to issue the charge of careless driving without extensive on-scene investigation.
What are the penalties for Careless Driving?
Penalties for careless driving are defined under the section 130 of the Highway Traffic Act of Ontario. A conviction can lead to severe penalties including:
- 6 demerit points on your driver’s licence
- Fines between $400 – $2,000
- Driver’s licence suspension for up to 2 years
- Possible jail time up to 6 months
While careless driving is not a criminal offence under the Criminal Code of Canada, jail time is a possibility depending on the circumstances.
Is Careless Driving a Criminal Offence?
Careless driving is not a criminal offence under the Criminal Code of Canada. You will not receive a criminal record if convicted of careless driving in under the Highway Traffic Act of Ontario.
It remains a serious provincial traffic offence with severe penalties, but without the permanent stigma of a criminal conviction.
Harsher Penalties for Causing Bodily Harm or Death
If your careless driving incident involves injury or death, the charges and penalties will be much more severe. To address these serious situations, the careless driving laws were changed in 2018 to cover two distinct offences:
- Careless Driving NOT Causing Bodily Harm or Death
- Careless Driving Causing Bodily Harm or Death (Section 130(3))
In cases where bodily harm or death occur, police officers will charge the more serious Section 130(3) offense of Careless Driving Causing Bodily Harm or Death. This charge carries more severe penalties compared to standard careless driving.
Careless Driving Impact on Insurance Costs
A careless driving conviction will significantly increase your car insurance rates. Insurers see it as a serious driving offence.
You can expect large increases to your monthly premiums after a conviction. Some insurers may even cancel your policy once it’s on your record.
High risk drivers face the largest hikes, but even first offences lead to higher premiums.
Upon renewal, many insurers view you as high risk and may not offer renewal. You may need to change companies and pay much higher rates.
The conviction stays on your record for 3 years. Expect to pay increased premiums during that time before rates eventually decrease. A single charge can cost thousands in extra insurance over time.
How Can I Fight a Careless Driving Charge?
If you’ve been charged with careless driving, don’t panic. There are defensive strategies an experienced traffic ticket lawyer can use to protect your driving record.
Every case is different, so consult a lawyer to discuss the best plan to limit penalties, demerit points and save you from paying thousands of dollars more in insurance premiums.
What counts as Careless Driving in Ontario?
Careless driving in Ontario, often used as a 'catch-all charge' for many moving violations, includes behaviors like excessive speeding, not checking mirrors, unsafe turns, and distracted driving.
What are the penalties for Careless Driving in Ontario?
Penalties for careless driving in Ontario include 6 demerit points, fines between $400 - $2,000, driver's licence suspension up to 2 years, and possible jail time up to 6 months.
