Careless driving is one of the more serious offences under Ontario Highway Traffic Act, with two types of this offence – Careless Driving not resulting in bodily harm or death and Careless Driving leading directly or indirectly to such effects.
Criminal charges resulting in these offenses carry jail time, fines and licence suspension penalties that could affect insurance rates as well as employment applications that require driver’s licenses.
What is a Careless Driving Charge?
Careless driving charges are broad catch-all tickets issued in any circumstance where driving safety standards have been breached, including sudden lane changes without signaling or checking traffic, following too closely (commonly known as tailgating), failing to yield right of way, and minor at-fault accidents in which no one was injured.
Penalties for careless driving vary by province and territory but typically include fines, demerit points, license suspensions, and driver retraining programs. Conviction may also increase your insurance rates, with some insurers even refusing to renew policies if one exists on your record. Consulting a legal professional could help fight your ticket and convince the court of lesser non-criminal offenses or have your charges dropped altogether.
What are the Penalties for a Careless Driving Charge?
Careless driving charges carry significant penalties; unlike dangerous driving charges, however, they don’t lead to criminal records. According to Highway Traffic Act Section 130(1), anyone can be charged with careless driving for engaging in unsafe actions on the road that lead to accidents; examples include speeding, following other drivers too closely, texting while driving (texting while driving is illegal), unsafe passing, or failing to take due caution when passing cyclists and pedestrians.
Careless driving charges can result in fines, demerit points, jail time or licence suspension depending on their severity. Drivers also face increases to their insurance rates that make renewal difficult when the time comes around.
Police who issue careless driving tickets make their decision based on their assessment оf what constitutes an offense and its surrounding circumstances, sо It is imperative that you fight to defend and appeal the ticket in order to ensure you achieve the most advantageous result possible. Consulting a legal professional familiar with careless driving charges іn the Greater Toronto Area (GTA) could help fight your ticket and convince the court оf lesser non-criminal offenses оr have your charges dropped altogether.
What are the Alternative Penalties for a Careless Driving Charge?
Careless driving in Canada can be charged by police if they believe your actions were reckless behind the wheel, with fines and license suspension potentially attached. Careless driving is considered a provincial offence as opposed to dangerous driving which falls under criminal code charges.
Lawyers argue that changes must be made to the Provincial Offenses Act so judges and justices of the peace have clearer guidelines when sentencing these offenses. Attorney Sean Robichaud represents the family of a 76-year-old woman hit and killed by a car in Toronto in 2015 and believes simply imposing fines does not send the appropriate message.
In order to avoid conviction for careless driving, it’s crucial that you quickly dispute any careless driving tickets or summonses in court. A knowledgeable traffic lawyer can increase your chances of successfully getting charges dismissed by reviewing disclosure documents and identifying inconsistencies within them in order to build an effective defense strategy.
How Can I Fight a Careless Driving Charge?
Careless driving charges are one of the most frequently committed traffic offenses, yet can also be one of the hardest to defend. Because their definition is so vague, careless driving often serves as a “blanket offence”, in instances when it is impossible to ascertain which specific law was broken – such as eating while driving, wearing makeup while driving, road rage incidents and weaving between lanes.
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An admission of guilt could result in significant fines and have lasting repercussions for both insurance rates and records. Before pleading guilty or paying the ticket, it’s wise to carefully consider all your options, as doing so will count as an admission of guilt with long-term ramifications for life. One effective strategy to fight careless driving tickets in Canada is filing a formal appeal within 15 days of an offense date to request police notes and disclosure, creating a strong case based on reasonable doubt.