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.
[Hidden Cost You Don’t See]: 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
Before deciding on whether to fight a Careless Driving charge in Ontarios, drivers need to seriously consider this hidden insurance impact. The increased costs over years (or potentially getting your insurance policy cancelled) may have a far greater impact on your life than a short term fine or licence suspension.
Consulting with an experienced traffic ticket lawyer is essential to fully understand these hidden insurance risks and construct the most compelling defence to beat the charge and avoid the “hidden cost” impact of a conviction on your insurance.
Hiring a skilled lawyer is key to protecting against long lasting insurance rate increases that could jeopardize your financial stability.
How does a careless driving conviction affect insurance in Ontario?
A careless driving conviction can significantly raise insurance premiums, similar to DUI charges. Insurers may even cancel policies, leading to long-term financial impacts beyond initial fines.
Is careless driving in Ontario considered a criminal offence?
No, careless driving under the Highway Traffic Act of Ontario is not a criminal offense. However, it can still heavily impact your driving record and wallet with increased insurance rates and potential legal penalties.
