Careless driving is one of the most serious charges under the Highway Traffic Act of Ontario. The Highway Traffic Act of Ontario defines careless driving as driving on a highway without due care and attention or without reasonable consideration for other persons using the highway. What can your paralegal do to help? First, find the right paralegal for you:
Driving on a "highway" The Highway Traffic Act of Ontario defines "highway" as follows:
"highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof; ("voie publique")
Thus, it appears that one cannot be found guilty of careless driving if the driving occurs, in a shopping mall parking lot, or on a private roadway or driveway.
"The test, where an accident has occurred, is not whether, if the accused had used greater care or skill, the accident would not have happened. It is whether it is proved beyond reasonable doubt that the accused, in the light of existing circumstances of which he was aware or of which a driver exercising ordinary care should have been aware, failed to use the care and attention or to give to other persons using the highway the consideration that a driver of ordinary care would have used or given in the circumstances."
More than a momentary inattention Several principles have emerged over the years from court rulings on careless driving:
Penalties
A conviction for careless driving is punishable by a minimum fine of $400. The maximum fine is $2,000. If you're convicted, the court also can suspend your license for up to two years and even put you in jail for up to six months.
Demerit Points A conviction carries six demerit points. Demerit points stay on your record with the Ministry of Transportation, upon conviction, for two years from the date of the charge. A fully licensed driver with between 9 and 14 demerits points may be required to attend an interview before a ministry official to provide information or other evidence to show cause why his or her driver's license should not be suspended.
The Ministry may, after giving notice, suspend your driver's license if you fail to attend the required interview; do not comply with the Ministry's requirements as a result of the interview; or do not show cause at the interview why your license should not be suspended.
If you accumulate 15 demerit points, the Ministry will suspend your license. You will not get it back until 30 days from the date you surrender it or two years from the date of the suspension, whichever comes first. After further demerit-point suspensions you may not get your licence back until six months elapse from the date you surrender it or two years from the date of the suspension, whichever occurs first.
Insurance risk points A conviction for careless driving is treated as a "serious" conviction for insurance purposes.
Insurance companies rank driving offenses as minor, major, serious or criminal and assign insurance risk points to each category.
Serious convictions are the worst and carry four risk points. If the driver has been licensed for less than four years, the insurance risk points attaching to a conviction are doubled.
Risk points are to be distinguished from demerit points. Demerit points are imposed by the Ministry of Transportation for conviction of offenses under the Highway Traffic Act.
Traffic tickets for Careless Driving now have a maximum fine of $1000 plus costs. Summonses for careless driving can have a fine up to $2000, imprisonment up to 6 months, or to both and a possible licence suspension of up to two years.
The number of CARELESS DRIVING tickets issued by police is second only to speeding. It is also difficult to prove but drivers settle for a reduced charge rather than take the matter to trial.
The definition of Careless Driving appears on the face of it to be quite straight forward.
“Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without care and attention or without reasonable consideration for other persons using the highway…”
There is a mountain of case law however that does not make it quite that simple. The courts have ruled over the years that momentary inattention or a simple kind of error of judgment is not sufficient for a conviction. There has to be evidence of a type and manner of driving that is of such a nature that it is to be considered a breach of duty to the public and deserving of punishment.
Without reasonable consideration is not the same as being inconsiderate.
Evidence of a collision alone is not enough to support a conviction.
The standard is a constantly shifting one depending on the circumstances at the time.
A standard of perfection is not required.
So, every case is different and you should seek an experienced licensed paralegal to discuss your particular situation.
Why fight the charge?
A conviction for Careless Driving will most certainly result in a massive increase in insurance. Protect your licence and your insurance premiums. Speak to a licensed paralegal at POINTTS before deciding on a course of action you may regret later.
Why POINTTS?
POINTTS’ team of Licensed Paralegals comprised of former police officers and college graduates have been trained to the highest standards and continue to have their skills and knowledge upgraded by their in-house trainer who’s responsible for ensuring all POINTTS paralegals comply with the Law Society of Upper Canada’s continuing professional development requirement.
Why a Licensed Paralegal?
Every charge must be proven beyond a reasonable doubt by the prosecution. POINTTS Licensed Paralegals have the knowledge, skill and experience to know if that burden has been met. A person trying to represent themselves is not likely to know what has to be proven, let alone whether proven beyond a reasonable doubt. We will look at the disclosure, research the relevant case law to be used in your favor and be able to recognize technicalities that would be fatal to the prosecution’s case against you. POINTTS paralegals know how to cross-examine witnesses. When questioning police officers, we know what the answers to technical questions should be so we know if the answer given is the right one, whereas most self-represented defendants would not.
Complete this form and receive a FREE consultation and quotation from POINTTS.
Using this contact page is free and without any obligation on your part. The information you provide, including e-mail addresses, is highly confidential and will not be shared with anyone. It enables one of our experienced agents located in your area, to discreetly contact you at a convenient time or you can request an on-line contact.
Drivers with traffic tickets or summonses with this speed may also be charged with Stunt Driving which has fines from $2,000 up to $10,000, or imprisonment of up to 6 months, or both and their licence may be suspended for up to 2 years on a first conviction and up to 10 years for a subsequent conviction.
Quite often you will see a police car stopped behind another police vehicle that has its roof lights activated and has made a traffic stop.
This second police car is sometimes there to watch for vehicles that do not move from the lane closest to the police cars or other emergency vehicles and leave a lane clear while passing. It is very important for drivers to be very clear of their surroundings and be able to determine the presence of other vehicles that might prevent them from changing lanes. In any event, a reduction in speed is a must.
Fines for a conviction on this charge range from $400 to $2000 for a first offence and on a subsequent offence, between $1000 and $4000 or imprisonment for up to six months, or to both. In addition a licence may be suspended for up to two years, even on a first offence.
Contrary to popular belief, when facing and approaching a solid amber (or yellow), signal, it does NOT mean, “Go faster.” It does mean you have to stop, “…if he or she can do safely, otherwise he or she may proceed with caution.” The same applies to amber arrows.
The length of the amber light varies according to the width of the intersection and the speed limit at the location. The length the light stays amber can be between 3 seconds to just under 5 seconds.
A red light, on the other hand, has no provision for anything other than coming to a complete stop at the place indicated by any markings on the road. Snow drifts, black ice or freezing rain makes no difference to the requirement to stop. This is what is known as an absolute liability offence.
The standard fine for most traffic light offences is $260 but could be up to $1,000.
If served with a ticket for this or any offence involving traffic signals, contact us for an honest appraisal of your situation and how POINTTS can help you in court.
There are a lot of different signs listed in the regulations under the Highway Traffic Act. Any contravention of a sign carries two demerit points and has a set fine of $85.
There are limited options by way of an outright defence to these charges as the courts have ruled that if there is a sign, it’s there to be seen. Contact us anyway if you get such a ticket. There may still be something we can help you with.
This is not the same as not stopping for a police officer.
This is where the police are directing traffic to:
a) To ensure orderly movement of traffic; b) To prevent injury or damage to persons, property c) To permit proper action in an emergency.
The standard fine for this is $85 and a conviction carries three demerit points.
This offence is similar to “Failing to remain” under the Criminal Code of Canada which carries a presumption in law that where a person does leave the scene, they did so with the intention of avoiding civil or criminal liability. The difference here is that under the Highway Traffic Act there is no presumption but neither does an intention to leave need to be proved.
This conviction carries the most demerit points of any offence under the HTA. That is, as long as there is no suspension imposed by the court of up to two years. Fines can range between $400 and $2,000 together with imprisonment of up to six months.
There are many ways to share the road as described in the Highway Traffic Act. The simplest way to explain them is that when overtaking others, give them room. When meeting others, keep to your side of the roadway and when being passed, move to the right.
The standard fine is $85 and all offences under this section carry two demerit points.
This came about from police officers and other emergency workers and vehicles were being hit by passing vehicles. A driver who is approaching on the same side of the highway as the emergency vehicle with its flashing lights (red or red & blue) activated shall slow down and proceed with caution. In addition, if there are more than two lanes of traffic on the same side of the highway and the emergency vehicle is in the same lane OR an adjacent lane, then the driver must, apart from slowing down, move to another lane if it is safe to do so. This applies to either half of a divided highway, depending on which side the emergency vehicle is stopped, the left shoulder or the right shoulder.
Apart from three demerit points upon conviction, the fine ranges from $400 to $2,000 for a first offence and goes up to between $1,000 and $4,000 or to jail for up to six months or to both.
The registered owner of the vehicle may be charged or served with a traffic ticket for this offence as a result of the school bus driver taking down the offending vehicle’s licence number and making a complaint to the police.
Recent increases now have fines ranging from $400 to $2,000 with six demerit points if the driver is convicted. A second or subsequent conviction within 5 years of a previous conviction means the fine ranges from $1,000 to $4,000 or to imprisonment for up to six months, or to both.
“A police officer, in the lawful execution of his or her duties and responsibilities, may require the driver of a motor vehicle to stop and the driver of a motor vehicle, when signaled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.”
This offence carries 7 points, the highest number of demerit points under the Highway Traffic Act.
The penalties on a first conviction can range from $1,000 to $10,000, up to six months in jail or to both.
This charge is seldom issued by police any more as it is very difficult to prove beyond a reasonable doubt. A collision is not proof of the charge, despite what many police will say. There has to be evidence from the driver that was hit as to his knowledge of what was going on behind them. There could always be an independent witness but not very likely.
If an officer charges you because of his observations of your driving, this can usually be argued that it was nothing other than his subjective opinion.