Careless driving is a provincial offence under Ontario’s Highway Traffic Act. It does not require that you broke any other traffic rule. The test is whether a driver exercising ordinary care would have driven the same way in the same circumstances.
What careless driving means
The Highway Traffic Act defines careless driving as operating a motor vehicle without due care and attention, or without reasonable consideration for other people using the road. Speeding, running a red light, or driving while distracted can all lead to a careless driving charge. None of them is required. The charge can follow from any driving that falls below the standard of a reasonably careful driver in that specific situation.
Penalties
Careless driving carries some of the stiffest penalties available under the Highway Traffic Act. The fine ranges from $400 to $2,000. In a community safety zone, the minimum doubles to $800. A court can also impose up to six months in jail and a driving suspension of up to two years. A conviction automatically adds six demerit points from the Ministry of Transportation.
Insurance consequences
A careless driving conviction can affect your car insurance significantly. Rates can increase by as much as 100% depending on your insurer and your prior history. Some insurers cancel policies outright after a single conviction. If you end up in the high-risk insurance market, the cost can be substantial and may persist for several years.
Two types of tickets
There are two kinds of careless driving tickets in Ontario. One has a set fine printed on it. You can pay it and accept the conviction, pay it with a written explanation, or dispute it in court. The other type, used in more serious cases, has no fine stated on the ticket and requires a court appearance. Regardless of which kind you receive, paying the fine without question is an automatic guilty plea. The conviction goes on your record. Getting legal advice before deciding how to respond is worthwhile.
Careless driving vs. dangerous driving
Careless driving is a provincial offence. Dangerous driving is a Criminal Code charge. The distinction matters. A criminal conviction carries more serious consequences, including a permanent criminal record. Police sometimes lay a dangerous driving charge after a serious collision. Part of the defence may involve arguing that the facts support only the provincial offence instead.
Frequently asked questions
Is careless driving a criminal charge?
No. It is a provincial offence under the Highway Traffic Act. It does not result in a criminal record, but it can affect your licence, demerit points, and insurance.
Can I go to jail for careless driving?
Technically, yes. The Highway Traffic Act allows up to six months in jail. Jail is uncommon on a first offence without aggravating circumstances, but the possibility exists.
How many demerit points does it add?
Six demerit points, added automatically on conviction. That is among the highest single-offence demerit totals under the Highway Traffic Act.
Can I fight a careless driving ticket?
Yes. You have the right to dispute the charge in court. A lawyer can review the officer’s notes, any available video, the applicable case law, and the circumstances of the stop to advise on realistic options.
Is it worth paying the fine rather than going to court?
Given the demerit points, the potential licence suspension, and the insurance impact, paying without legal advice first is usually a mistake. The fine itself is often not the most significant consequence.
Speak with a Toronto careless driving lawyer
If you have been charged with careless driving, contact the firm for a free consultation before your next step.