Ontario Traffic Defense
Charged with careless driving? It is one of the more serious Highway Traffic Act offenses, six demerit points and a fine of up to $2,000, and it rests largely on one officer's opinion of how you were driving. That is exactly what a defense examines. Have it reviewed before you decide anything.
Under section 130 of the Highway Traffic Act, careless driving means driving without due care and attention, or without reasonable consideration for others using the road.
That definition is deliberately broad, which is why the charge is laid so often, and why it is so often defensible. It carries six demerit points, a fine of $400 to $2,000, a possible license suspension of up to two years, and in the most serious cases a jail term. It is not a criminal charge, but a conviction sits on your record for three years and insurers treat it as a major offense.
Many drivers do not realize a careless driving charge can be disputed. The goal is to reduce the charge, limit or avoid the demerit points, or have it withdrawn where the evidence allows. No outcome is ever promised, every case turns on its own facts, but pleading guilty forecloses all of those options.
| Penalty | Impact |
|---|---|
| Fine | $400 to $2,000 |
| Demerit points | 6 points |
| License suspension | Up to 2 years, at the court's discretion |
| Jail | Up to 6 months, for the most serious cases |
| Insurance | Treated as a major conviction, premiums can rise sharply for years |
Figures above are general guidance, not a quote for your matter. Set fines, surcharges and court costs vary, and the amounts change over time.
Because the definition is so broad, the charge is laid for a wide range of driving:
Notably, a collision on its own is not proof of careless driving. The prosecution has to show the manner of driving fell below the standard, not just that something went wrong.
Careless driving rests almost entirely on the officer's account, which is why the disclosure is reviewed in detail:
In most Part I matters you will not need to attend court, filing, disclosure, the prosecutor and the hearing are handled for you.
Yes. Careless driving is a serious charge, but it is often based on a subjective police observation, and that can be tested. With representation it may be possible to reduce or avoid the penalties, though no result can be guaranteed, because it depends on the facts and the evidence.
A guilty plea has long term consequences: a fine of up to $2,000, six demerit points (enough that a second charge can trigger a suspension review), a conviction on your record for three years, and insurance premiums that can rise substantially, sometimes doubling, at renewal. Once entered, the plea cannot be undone.
Careless driving is a provincial offense under the Highway Traffic Act. A broad charge for driving without due care, with no criminal record on conviction. Dangerous driving is a Criminal Code offense, involving a marked departure from the standard of a reasonable driver, and a conviction is a criminal record. Fix-A-Ticket handles provincial offenses; a dangerous driving charge must be taken to a criminal defense lawyer.
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