Understanding Careless Driving and Its Implications

Careless driving tickets carry significant consequences, including license suspensions, demerit points, and increased insurance rates. The penalties for careless driving vary based on the class of your driver’s license:

For Class G1 and G2 Drivers:

• Six (6) demerit points for two (2) years
• Mandatory thirty (30) day license suspension
• A fine of four hundred and ninety ($490.00) dollars
• Insurance increases for three (3) to five (5) years
• Possible jail time for serious offences

For Class G Drivers:

• Six (6) demerit points for two (2) years
• A fine of four hundred and ninety ($490.00) dollars
• Insurance increases for three (3) to five (5) years
• Possible jail time for serious offences
• Possible license suspension

For Commercial Drivers:

• Six (6) demerit points
• Five (5) CVOR points
• A fine of four hundred and ninety ($490.00) dollars
• Dramatic insurance increases
• Possible jail time for serious offences
• Possible loss of employment
• Goes on the CVOR abstract

Regardless of your license class, receiving a careless driving ticket puts you at risk of significant insurance rate hikes if the ticket is recorded on your driving record.

What Constitutes Careless Driving?

Careless driving is a violation under the Highway Traffic Act, a provincial law in Ontario, governed by the Provincial Offences Act of Ontario. Police officers issue this ticket when they believe a driver was not driving with due care and attention, meaning they were not driving carefully enough.

Legal Definition: “Every person is guilty of driving carelessly who drives a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway.”

Challenging Careless Driving Tickets:

When disputing a careless driving charge, examples of situations can include:

• Travelling too fast for road conditions
• Following too closely, not allowing enough stopping distance
• Entering a curve too fast and losing control
• Not paying attention to the road or hazards

However, it’s crucial to recognize that the burden of proof lies with you, the driver, to demonstrate that your actions were not careless and that you were driving with due care and attention.

Important Distinctions:

• Not a Criminal Charge: A careless driving ticket is not a criminal offence but a traffic violation under the Highway Traffic Act of Ontario.
• Record Duration: Convictions stay on your record for three (3) years from the conviction date.

Difference from Dangerous Driving: Unlike dangerous driving, careless driving does not require intent; it can be an unintentional mistake or error in judgment.