If a police officer believes a driver made a careless mistake, the officer may issue a traffic ticket. Subsequently, the interpretation of the driving action is made by the police officer and their opinion. Moreover, the police officer has the option not to issue a traffic ticket which is within their discretion.

As a result, if the driver elects to dispute the charge the Justice of the Peace will make a ruling as to whether the officer was correct or not.

Potential situations where issuing a Careless Driving ticket may arise are travelling to fast for the road conditions, entering a curve too fast and losing control, or not paying attention to the road and or hazards or following too closely to ensure time to stop for the vehicle directly ahead, among many other careless driving examples.

Upon the office presenting their case and the court considering all facts as to the events which transpired prior to the issuing of the ticket, the onus falls on the defense as it relates to potential consequence for Careless Driving infractions include to license suspensions, demerit point, and rate increases at it pertains to your auto insurance coverage.

Depending on the class of your driver’s license, Careless driving has a variety of penalties as follows;

Class G Drivers

  • Six (6) demerit points for two (2) years
  • Fine of ($490.00) dollars
  • Insurance increases for three (3) to five (5) years
  • Possible jail for serious offences
  • Possible license suspension

Class G1 and G2 Drivers:

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

Commercial Drivers

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

Drivers who receive a careless driving ticket are at risk for dramatic rate increase as it pertains to your insurance.

Defenses to Careless Driving 

We can assist you in defending these charges using our advocacy skills and extensive experience to ensure the best possible outcome. We review and analyze the disclosure against you, we highlight inconsistencies and discrepancies in the disclosure and police officer notes. We strive to reach an early resolution with the prosecutor if not, we are ready to take your matter to trial.

During a trial for careless driving the court will address if you were driving “without due care and attention. “An excuse or explanation as to why the situation occurred is not considered a defense to the charge. Likewise, an explanation as to why the driver was driving without due care and attention will not result in the ticket being canceled. Potential explanations or excuses are such things as, there were bad road conditions; The driver braked suddenly; I did not see the other driver; I did not see the hazard; The excuses or explanations are not legal defenses to careless driving. The judge may in assessing a penalty take an excuse or explanation into consideration, but they will not cancel the charge merely because of an explanation.

There is a possibility that your Charter rights were infringed when you were stopped by the police. You have the right to be tried within a reasonable time under the Charter. If your Charter rights have been infringed, it is imperative to speak to an experienced traffic ticket lawyer. We will strive to have the evidence against you excluded.

The prosecutors key witness is the police officer who gave you the ticket. We use our advocacy skills to cross examine the police officer at trial and bring out any mistakes and inconsistencies.

If you have been convicted of a Highway Traffic Act offence, you have 15 days to appeal the conviction. You should consider appealing against a conviction if you were treated unfairly, there was a violation of your Charter rights, you were denied to cross examine the Crowns witness or if there was an error committed by the judge. Consult an experienced traffic ticket lawyer to consider your chances on appeal.

Is Careless Driving a Criminal Charge?

A Careless driving ticket is not a criminal charge. It is a traffic ticket under the Highway Traffic Act of Ontario, which is an Ontario Provincial law.

Drivers who are convicted of traffic tickets only receive a record of conviction. The conviction is registered only with the traffic court and on their license with the Ministry of Transportation.

The record of the conviction/traffic ticket stays on the driver’s record for three (3) years from the conviction date.

The conviction date is when the ticket was either paid or the driver was convicted in court, not the date that the offence occurred.

Drivers do not receive a criminal record for traffic tickets but a record of conviction on the driver’s license ab

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