Careless Driving Ticket Defence - Precision Paralegal Services

Careless Driving Ticket Defence

Charged with Careless Driving – Now What?

Careless Driving in the last 2 years has evolved. The law has made some significant changes. You should have someone who keeps up to date with those changes. The Ontario Government has now divided Careless driving into 2 separate charges. There is Careless Driving and then there’s Careless Driving causing bodily harm/death. The range of penalty is different depending on which specific charge you have. The penalty is as follows:

Careless Driving

  • A fine between $400 to $2,000
  • Jail up to six months
  • A license suspension for up to 2 years
  • You can be placed on probation

Careless Driving Causing Bodily Harm or Death

  • A Fine between $2,000 and $50,000
  • Up to 2 years jail
  • A license suspension for up to 5 years
  • You can be placed on probation

In either case, if you are listed on an insurance policy you could be cancelled or have your premiums increased significantly. Most insurance “Driver Forgiveness” programs excuse a minor ticket. Careless driving is in almost every case, consider serious when it comes to risk assessment for insurance premium calculation.

The penalties are severe and while you can represent yourself, you should have an experienced paralegal/lawyer by your side. The new causes sections are new and the law is quickly changing. You want someone who stays on top of those changes and can advance the best case for you. Remember, the police who laid the charge, may be of the opinion the driving was careless, but ultimately it is up to the Justice at trial to decide. Often, we discover after a careful review, that the charge should be something else, can not be proven, or can be reduced more significantly. At Precision, we will ensure you know exactly what you’re facing. Our team will work with you in developing an approach to your defence which provides the maximum legal solutions available. We will help you make an informed choice.

Some of our frequently asked questions are:

 What is the penalty for Careless Driving

The Ticket for Careless Driving

Careless Driving vs. Dangerous Driving

Appearing in Court for Careless Driving

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We are one of the largest paralegal firms in Canada. The Precision Paralegal Services team has been representing our clients in the Ontario & Alberta for over 23 years. With over 100 years of combined experience and having completed over 20,000 court room hours, Precision Paralegal Services is the right choice for your matter.

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What is the Penalty for Careless Driving?

The penalty for a conviction to Careless Driving Not Causing Bodily Harm or Death includes:

  • six (6) demerit points
  • fine between $400 – $2,000 + victim fine
  • possible jail up to six (6) months
  • possible further two (2) year suspension upon conviction
  • Cancellation or Increase to your insurance rates

The penalty for a conviction to Careless Driving Causing Bodily Harm or Death includes:

  • six (6) demerit points
  • a fine not less than $2,000 – $50,000
  • possible jail up to two (2) years
  • possible further two (5) year suspension upon conviction
  • Cancellation or Increase to your insurance rates
  • Automatic license suspension for G1, G2, M1 and M2 license holders if convicted.

The definition of careless driving is broad and can include circumstances such as:

  • the driver was not driving careful enough or considering the road conditions,
  • not paying enough attention to their driving, or driving without due care and attention
  • the driver was “driving without consideration for other persons using the roadway”.

A charge of careless driving does not mean that the driver was driving dangerously or acting in a criminal manner.

 

The Ticket for Careless Driving

Once stopped by the police for Careless Driving the officer will give the driver three (3) documents:

  • a summons to appear in court
  • A summons is a traffic ticket without a fine that commands the driver or their representative to appear in court before a Justice of the Peace.

The driver must appear in person or may have a licensed paralegal appear on their behalf. If the driver does not appear on the court date, the justice can:

  • issue a bench summons
  • for the arrest of the driver, or
  • convict the driver in their absence.
  • A “Bench Summons” is a court order for the police to arrest the driver.

Once arrested the police must take them into custody and to bring them before a judge forthwith.

Careless Driving vs. Dangerous Driving

Careless driving is not the same as dangerous driving.

Careless driving is not a criminal offence. You do not receive a a criminal record for careless driving.

Careless driving is a provincial law, under the Highway Traffic Act of Ontario which is a Province of Ontario statute (provincial law).

You do not receive a criminal record only the only record is against your drivers licence.

The main difference between careless driving and dangerous driving is that in careless driving they are unplanned events, like a car accident, versus dangerous driving are planned events, e.g. drag racing.

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Appearing in Court for Careless Driving 

The court date on the summons to appear, may be the first in many court dates for a charge of stunt driving.

Careless Driving charges have a first court date, commonly called by the court a “Set Date”, meaning that the court date is a date for the driver to either plead guilty to the charge or to set a date for trial.

If the driver pleads guilty to stunt driving then the justice may give the driver the penalties set for those convicted of stunt driving.

Should the driver plead not guilty or to wish to seek legal advice, then the justice would adjourn the case to another court date, commonly called a “To Be Spoken To Date” or TBST.

On the first court appearance the prosecutor will usually give the defendant or their representative the disclosure.

Disclosure is a group of documents containing the officers notes, the driving record of the defendant and any other pertinent information regarding the charge.

Getting Started is Easy

Free 30 Minute Consultation

Discuss your matter with one of our experienced paralegals to determine the best course of action

Book Appointment

Book an appointment online and select the paralegal and time that works best for you.