Careless Driving Charge: 7 Next Steps in Ontario

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

With insurance pricing hikes, severe fines, possible licence suspension, the stakes are high with a careless driving charge.

While options like paying the fine or representing yourself may seem attractive, your best chance at a positive outcome lies with an experienced lawyer in your corner.

Before making any decisions, consult with an expert careless driving lawyer. Have them review your case and outline your options. If your future is on the line, don’t go it alone – get experienced legal help fighting for you.