Understanding Careless Driving Charges in Ontario

What is Careless Driving?

Careless driving is a traffic ticket under Ontario’s Highway Traffic Act. Police officers may issue a careless driving ticket when they believe a driver was:

Not driving with care and attention; or
Driving in a manner that limits the driver’s ability to adjust to changing circumstances on the road.

Basically, if you drive unsafe or irresponsible, the police can charge you with careless driving. Some examples of careless driving include:

Driving too fast for the current road conditions;
Being distracted by your cell phone or other electronic devices;
Following a vehicle too closely to ensure time to stop;
Losing control by entering a curve too fast;
Not paying attention to hazards on the road; and/or
Not paying attention to the road.

Careless Driving Causing Bodily Harm Explained

Careless driving causing bodily harm or death is also under the Highway Traffic Act and occurs when careless driving injures or kills someone. Similar to careless driving, the police may charge you with careless driving causing bodily harm or death when they believe a driver was:

Not driving with care and attention;
Not driving in a manner that limits the driver’s ability to adjust to changing circumstances on the road; and
Who thereby causes bodily harm or death to any person.

Will I get a Criminal Record for Careless Driving?

You will not get a criminal record for careless driving or careless driving causing bodily harm or death. However, if you are caught and charged with careless driving you can be:

Sentenced for up to two years in jail;
Be fined up to $2000;
Have your driver’s license or permit suspended for up to two years; and/or
6 demerit points added to your driving record.

Although careless driving will not appear on your criminal record, a record of conviction or the traffic ticket will appear on your license abstract for three years.

Careless Driving Ontario Highway Traffic Act

Section 130(1) of Ontario’s Highway Traffic Act states every person is guilty of driving carelessly who:

Drives a vehicle or street car on a highway without due care and attention; or
Drives without reasonable consideration for other persons using the highway.

The Ontario Highway Traffic Act defines in section 130(4) what is deemed to drive without reasonable consideration for other persons using the highway:

If the driver drives in a manner that may limit their ability to prudently adjust to changing circumstances on the highway.

What Does the Crown Need to Prove to be Found Guilty of Careless Driving?

To be found guilty of careless driving, the Crown only needs to prove that you were driving carelessly. The Crown does not have to prove you intended to drive without care. Unless you can prove the careless driving was done without negligence or fault, you will be found guilty of careless driving.

Penalties for Careless Driving

Penalties for Careless Driving – s. 130(2) of the Highway Traffic Act

A fine of not less than $400 and not more than $2000;
Jail for not more than six months;
Driver’s license or permit may be suspended for a period not more than two years; and/or
Six demerit points added to your driving record.

Penalties for Careless Driving Causing Bodily Harm or Death

Penalties for Careless Driving Causing Bodily Harm or Death – s. 130(4) of the Highway Traffic Act

A fine of not less than $2000 and not more than $50,000;
Jail for not more than two years;
Driver’s license or permit may be suspended for a period not more than five years; and/or
Six demerit points added to your driving record.

What is Dangerous Driving?

Dangerous driving is a criminal offense under section 320.13 of the Criminal Code. There are three offenses under section 320.13 that constitute dangerous driving:

Dangerous Operation – Section320.13(1)

You commit an offense if you operate a conveyance (a motor vehicle, vessel, aircraft or railway) in a way that, having regard to all of the circumstances, is dangerous to the public.

Operation Causing Bodily Harm – Section320.13(2)

You commit an offense if you operate a conveyance (a motor vehicle, vessel, aircraft or railway) in a way that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

Operation Causing Death – Section320.13(3)

Examples of dangerous driving include:

Tailgating the vehicle in front of you
Failing to obey road and hazard signs
Swerving

Penalties for Dangerous Driving

If you are convicted of a dangerous driving offense under the Criminal Code, you will have a criminal record. The Criminal Code lays out the following penalties for dangerous driving:

Offense	Penalty
Dangerous Operation – Section320.13(1)	Up to 10 years in prison
Operation Causing Bodily Harm – Section320.13(2)	If the Crown proceeds by indictment: Up to 14 years in prison and a minimum punishment of: for a first offense, a fine of $1000, for a second offense, imprisonment for 30 days, and for each subsequent offense, imprisonment for a term of 120 days; or If the Crown proceeds summarily: A fine up to $5000, and/or To imprisonment not more than two years, and to the minimum punishment of: for a first offense, a fine of $1000, for a second offense, imprisonment for 30 days, and for each subsequent offense, imprisonment for a term of 120 days.
Operation Causing Death – Section320.13(3)	Up to life in prison, and a minimum punishment of: for a first offense, a fine of $1000, for a second offense, imprisonment for 30 days, and for each subsequent offense, imprisonment for a term of 120 days.

The specific sentence you receive is determined by the sentencing judge. The sentencing judge will consider aggravating factors which add to your sentence, and mitigating factors which add less time to your sentence. Some aggravating circumstances a judge can consider are included in section 320.22 of the Criminal Code:

the commission of the offense resulted in bodily harm to, or the death of, more than one person;
the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;
a person under the age of 16 years was a passenger in the conveyance operated by the offender;
the offender was being remunerated for operating the conveyance;
the offender’s blood alcohol concentration at the time of committing the offense was equal to or exceeded 120 mg of alcohol in 100 mL of blood;
the offender was operating a large motor vehicle; and
the offender was not permitted, under a federal or provincial Act, to operate the conveyance.

Criminal Code definitions

Conveyance: means a motor vehicle, a vessel, an aircraft or railway equipment.

Operate: means

in respect of a motor vehicle, to drive it or to have care or control of it;
in respect of a vessel or aircraft, to navigate it, to assist in its navigation or to have care or control of it; and
in respect of railway equipment, to participate in the direct control of its motion, or to have care or control of it as a member of the equipment’s crew, as a person who acts in lieu of a member of the equipment’s crew by remote control, or otherwise.

Vessel: includes a hovercraft.

Possible Defenses for Careless Driving Charges

If the police issue you a careless driving ticket, you can challenge the officer in front of a judge. If you want to dispute a careless driving charge, you will bear the burden of convincing the judge you were:

Not driving careless;
Driving with due care and attention; and
The police officer who issued you the ticket was wrong.

Fighting a Careless Driving Ticket

If you are thinking about fighting your careless driving tickets, give us a call to discuss what options might be available for you. A dangerous driving ticket is a criminal offense with life long implications. Having a criminal record of any sort can affect your ability to obtain employment, and travel across the US border, for instance.

Call Pyzer Criminal Lawyers today. We will appear in court on your behalf, and present the best possible defense. Contact us for a free case evaluation, and see what our clients are saying about us.

Jonathan Pyzer

Jonathan Pyzer, B.A., L.L.B., is an experienced criminal defence lawyer and distinguished alumnus of McGill University and the University of Western Ontario. As the founder of Pyzer Criminal Lawyers, he brings over two decades of experience to his practice, having successfully represented hundreds of clients facing criminal charges throughout Toronto.