QUICK TAKEAWAY
Careless Driving is regulated by each province or territory and not covered under the Criminal Code of Canada. As such, the penalties can vary from jurisdiction to jurisdiction so you should consult the legislation in your area. For example, Ontario amended its laws to include careless driving causing bodily harm and careless driving causing death. The charge of careless driving should not be confused with dangerous driving or dangerous driving causing death, which is a more serious offence covered in Part VIII of Offences Against the Person and Reputation and found under s.320.13 of the Code. Careless driving is defined as operating a conveyance without due care and attention or reasonable consideration for other motorists or people on the road. Each jurisdiction has its own penalties with fines starting at about $400 with jail terms of up to six months depending on the charge. You could also face a licence suspension of up to two years and increased insurance premiums.
Table of Contents:
What is Careless Driving?
Careless driving is open to interpretation and can include various types of behaviour. A motorcyclist driving on the shoulder or weaving in and out of traffic or a motorist failing to yield the right of way at a crosswalk can face a careless driving charge. If your focus is distracted by such things as putting on makeup or eating or drinking while operating a vehicle you can be fined. Police can se their discretion to lay a charge if they believe you were not considering road conditions, not paying attention to other motorists or pedestrians or if you committed a driving infraction such as tailgating. You do not have to get into an accident to be charged. If you show disregard for others on the road you could face a hefty fine or even jail time.
What is Needed to Convict
Since careless driving can occur because of driver error or inattention, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown does not have to prove intent, only that you were driving without reasonable consideration for other people on the road. The Crown must establish the facts of the case while you can argue you were doing what any reasonable driver would do in that particular circumstance and that your actions were not careless.
Penalties for Careless Driving
Because each province and territory has its own law governing traffic violations, the penalties vary slightly.
In Manitoba, a careless driving ticket comes with a minimum fine of $325. In Alberta there is a fine of no less than $567 with a maximum of $2,700 as well as a 15 per cent surcharge. In many provinces, such as Saskatchewan and Ontario, the fines start at $400 and can go up to $2,000 for the worst offenders. You can also be jailed for up to six months depending on the jurisdiction.
Several years ago, Ontario amended its Highway Traffic Act to include tougher penalties in cases where careless driving causes bodily harm or death. Those penalties include a minimum fine of $2,000 with a $50,000 maximum, jail for up to two years and a licence suspension of up to five years.
A conviction for careless driving also comes with six demerit pointsPoints added to a driver’s record for committing infractions in most provinces if your driver’s licence has not already been suspended as part of your punishment. Generally, if you accumulate 15 demerit points within a two-year period, your licence will be suspended. Demerit points stay on your record for two years from the time of the offence. If you have been convicted of careless driving you will likely face an increase in your insurance premiums.
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Goldblatt Partners LLP
Carroll & Wallace Barristers
Nikolas Lust
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Chiarelli Cramer Witteveen Llp
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Demerit points
Demerit points are given to drivers if they are convicted of breaking the law while driving. Once they reach a certain level, drivers can temporarily lose their driver’s licence.
