Insider Tips: What Can a Careless Driving Charge Be Reduced To?

Careless driving charges under section 130(1) of the Ontario Highway Traffic Act can be overwhelming, but it’s important to remember that they can often be negotiated down to less serious offences. This process, while not guaranteed, can provide a glimmer of hope for drivers facing these charges. This article will offer insider tips and suggestions for lowering careless driving charges.

Understanding Careless Driving Charges

Before diving into the available reduction options, it’s important to understand what constitutes careless driving under Ontario law. Section 130(1) of the Highway Traffic Act states:

Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.

This broad definition gives police significant discretion in laying careless driving charges. Everyday situations that may lead to these charges include:

• Causing a collision
• Excessive speeding
• Distracted driving 
• Unsafe lane changes or turns
• Failing to yield right-of-way

The penalties for careless driving can be severe, including:

• Fines ranging from $400 to $2,000
• Up to 6 months in jail
• License suspension for up to 2 years
• 6 demerit points
• Significant insurance premium increases

Given these potential consequences, it’s understandable why many drivers seek to have their careless driving charges reduced. Let’s explore some of the options available.

Potential Reduced Charges

While there are no guarantees, careless driving charges can often be negotiated down to less serious offenses. Some common reduced charges include:

Following Too Closely

Under section 158 of the Highway Traffic Act, following too closely is a less severe charge that carries:

• 4 demerit points
• Fines fines ranging from $85 to $400
• No risk of jail time
• 30-day licence suspension for G1, G2, M1 and M2 drivers

This charge is often appropriate in rear-end collision cases where careless driving may have been initially charged.

Unsafe Move Lane or Shoulder

Improper lane changes under section 154 can be another option, carrying:

• 3 demerit points
• Fines typically ranging from $85 to $400
• No risk of jail time or license suspension

This may be suitable for cases involving unsafe merging or lane changes.

Fail to Yield Right-of-Way

Failing to yield under section 136 or 139 of the Act generally results in:

• 3 demerit points
• Fines ranging from $85 to $400
• No risk of jail time or license suspension

This could apply in intersection collisions or failure-to-yield scenarios.

Speeding

While still serious, speeding charges under section 128 typically carry:

• 3-6 demerit points depending on speed
• Fines based on km/h over the stated speed limit
• Possible short-term license suspension for extreme cases

This may be appropriate when speed was the primary factor in the careless driving charge.

Disobey Sign

Failing to obey traffic control devices under section 182 usually results in:

• 2 demerit points
• Fines ranging from $60 to $1,000
• No risk of jail time or license suspension

This could apply in cases involving running stop signs or red lights.

Strategies for Charge Reduction

While the specific approach will depend on the circumstances of each case, here are some insider tips for potentially reducing careless driving charges:

1. Seek Legal Representation

An experienced traffic lawyer can significantly improve your chances of having charges reduced. They understand the nuances of traffic law and have relationships with prosecutors that can facilitate negotiations. It’s important to weigh the potential benefits of this strategy against other considerations. While a lawyer’s expertise and knowledge of the legal system can be invaluable in navigating the complex process of reducing careless driving charges, you should carefully evaluate your specific situation to determine the best course of action.

2. Gather Evidence

Collect any evidence that may support your case, such as:

• Witness statements
• Photos or videos of the scene
• Weather reports
• Vehicle maintenance records
• Your driving record

This information can be used to build a defence or negotiate for reduced charges.

3. Attend Driver Improvement Courses

Completing defensive driving or driver improvement courses can demonstrate your commitment to safe driving. This may help in negotiations for reduced charges.

4. Explore Diversion Programs

Some jurisdictions offer diversion programs for first-time offenders. Completing these programs may result in charges being withdrawn or reduced.

5. Negotiate Based on Circumstances

Suppose mitigating factors, such as a medical emergency or mechanical failure, were involved in the incident. In that case, these can be used in negotiations to argue for reduced charges. Mitigating factors are circumstances that, while not justifying the offence, can help explain why it occurred or reduce its severity. They can be a powerful tool in negotiations, potentially leading to more favourable outcomes for the driver.

6. Challenge the Evidence

In some cases, it may be possible to challenge the evidence supporting the careless driving charge. This could involve questioning the reliability of witness statements or the accuracy of police observations.

Factors Affecting Charge Reduction

Several factors can influence the likelihood of having a careless driving charge reduced:

1. **Incident Severity**: Cases involving injuries, significant property damage, or extreme behaviour are less likely to result in reduced charges.
2. **Prior driving record**: A clean driving history can help you negotiate charge reductions.
3. **Strength of evidence**: If the evidence against you is weak or inconsistent, prosecutors may be more willing to consider reduced charges.
4. **Court caseload**: In busy jurisdictions, prosecutors may be more inclined to offer plea deals to less severe charges to manage their caseload.
5. **Local policies**: Some jurisdictions may have specific policies or guidelines regarding charge reductions for traffic offences.
6. **Prosecutor discretion**: Individual prosecutors have significant discretion in handling cases, which can affect the potential for charge reduction.

## Potential Outcomes

When seeking to have a careless driving charge reduced, there are several potential outcomes:

1. **Charge withdrawn**: In some cases, it may be possible to have the charge completely withdrawn, resulting in no conviction or penalties.
2. **Reduced charge**: The careless driving charge may be reduced to one of the lesser offences discussed earlier.
3. **Plea bargain**: You may be offered a plea deal to a less serious charge in exchange for a guilty plea.
4. **Diversion program**: Successful completion of a diversion program may result in charges being withdrawn or reduced.
5. **Trial**: If negotiations are unsuccessful, you may need to proceed to trial to fight the charges.

Conclusion

While careless driving charges under Ontario’s Highway Traffic Act are serious, opportunities often exist to reduce them to less severe offences. By understanding potential reduced charges, employing effective strategies, and considering various factors, drivers can improve their chances of a more favourable outcome.

Remember, every case is unique, and no reductions are guaranteed. However, by taking a proactive approach and seeking professional legal help, many drivers have successfully had careless driving charges reduced, resulting in lower fines, fewer demerit points, and less impact on driving records and insurance rates. Consider consulting with an experienced traffic lawyer to explore your options for potential charge reduction.