Careless Driving Lawyer in Toronto
Introduction
Careless Driving is a traffic offence under s. 130 of the Highway Traffic Act in Ontario. While Careless Driving is not a criminal charge (and, for example, is different than Dangerous Driving), the penalties and consequences are still extremely serious.
Careless Driving is considered one of the most serious types of traffic related tickets you can receive in Ontario. Being ticketed for careless driving would result in a summons for you to appear in court.
If you received such a summons, you are probably browsing the Internet for information. The best thing to do is to consult with a Careless Driving Lawyer Toronto, who can guide you in the right direction in terms of defending the allegation.
What is Careless Driving?
Careless Driving is defined as driving a vehicle without due care or attention, and can encompass a wide range of driving maneuvers, such as:
- Doing a donut
- Racing with another vehicle
- Spinning your tires intentionally and excessively
- Engaging in quick and unsafe lane changes
If you’ve been charged with Careless Driving, have a Careless Driving Lawyer Toronto review your story. There may be defences you can raise to the ticket.
The prosecutor in the case must prove the charge beyond a reasonable doubt at a trial, unless you plead guilty. Before deciding to plead guilty, you are well advised to consider all other options, given the seriousness of the implications of pleading guilty to this traffic ticket.
Implications of a Careless Driving Conviction in Ontario
If a driver is charged with careless driving in Ontario, they may face several consequences, including:
- Fines: There is a minimum $400 fine for a Careless Driving ticket, and a maximum fine of $2,000.
- Demerit points: There is an automatic 6 demerit points in Ontario for a Careless Driving conviction.
- License suspension: There is a maximum 2 year driving suspension if you are found guilty of Careless Driving in Ontario
- Possible imprisonment: In some cases of severe Careless Driving, a driver may face the possibility of up to 6 months in in jail
- Increased insurance rates: Careless driving charges can lead to significantly higher insurance premiums as the driver is considered a higher risk.
It’s essential for drivers in Ontario to be responsible and mindful while operating a vehicle to ensure their safety and the safety of others on the road. If charged with careless driving, it is advisable to seek legal advice to understand the specific implications and potential defenses available. Contact an experienced Careless Driving Lawyer Toronto if you have been ticketed.
How do I get a careless driving ticket dismissed in Ontario?
There are a number of ways to potentially get a Careless Driving ticket dismissed in Ontario, including both on technicalities and on the merits of the case. A technical argument, for example, may be to raise the issue of unreasonable delay in your case, under s. 11(b) of the Charter of Rights and Freedoms, if a trial in your case cannot be accommodated in under 18 months. An argument on the merits would be to argue that the Crown has failed to prove that your driving involved undue care or attention, or that you took all reasonable care in driving.
Consult with a Careless Driving Lawyer Toronto to discuss potential avenues to defend your ticket.
How long does careless driving stay on your record in Ontario?
A Careless Driving conviction remains on a driver’s abstract for three years and can affect insurance rates during that period of time.
How many demerit points do you get for careless driving Ontario?
Careless Driving in Ontario caries an automatic 6 demerit points if you are convicted. Being charged, alone, is not enough to trigger the imposition of demerit points.
What are the essential elements of careless driving Ontario?
The essential elements of Careless Driving (or the facts that the Crown must prove for this particular ticket) are that the defendant drove a vehicle on a highway and that he or she did so without due care and attention or without reasonable consideration for other persons using the highway.
There is no obligation on the Crown to establish an “intent” requirement on a careless driving prosecution. Rather, “the doing of the prohibited act prima facie imports the offence, leaving it open to the accused to avoid liability by proving that he took all reasonable care.
If you are charged with Careless Driving, consult with a Careless Driving Lawyer in Toronto and determine if any of these elements may be difficult to prove in your case, leading to a greater chance of success.
Can a DUI reduced to careless driving in Ontario?
If you’ve been charged with the Criminal Offence of Drinking and Driving (DUI or Impaired Driving), it is possible to have your charges “reduced” to a careless driving ticket. In these circumstances, since a DUI involves a criminal record and a Careless Driving ticket does not, it is often seen as a strong way to resolve a DUI case, assuming the Crown Attorney is prepared to offer this resolution.
Andrew Captan – Carless Driving Lawyer in Toronto
Contact an experienced Careless Driving Lawyer (Toronto) to discuss your Careless Driving ticket today at (647) 878 – 6355. Andrew Captan is an experienced Criminal Lawyer with over 11 years of experiencing defending criminal and quasi-criminal charges.
