Is Careless DRIVING A CRIMINAL OFFENCE?

♦ Is Careless Driving a Criminal Offence?

No, it is a Provincial Offence under the Ontario Highway Traffic Act.

♦ How many points is Careless Driving in Ontario?

Careless Driving carries 6 Demerit Points.

♦ How long does Careless Driving stay on your record in Ontario?

A conviction always stays on a driving record, but most people are concerned with a 3 year driving abstract which is often requested by insurance companies when assessing driver insurance rates.

♦ How do I get a Careless Driving ticket dismissed in Ontario?

There is no certainty a careless driving offence can be dismissed. However, the best way to increase the chances of dismissing the charge is to have a Lawyer or Paralegal represent you to review the alleged conduct and see if it fits the charge or if there are any lawful defences available. These issues can be brought to light at a trial where a Justice of the Peace may dismiss the charge if they are left with doubt that you committed the offence.

♦ What happens if you are charged with Careless Driving?

If you receive an offence notice, you have 15 days to request a court date or you will be convicted or ‘deemed not to dispute’ the offence. If you received a summons to court, then you must appear. If you do not, then a trial will be heard where the court may convict you without you present.

♦ Does Careless Driving affect Insurance?

It depends on your insurance company, but Careless Driving is a very serious offence and may cause significant increases to your insurance or make you eligible only for ‘high risk’ insurance providers which can be very expensive.

♦ How do you prove Careless Driving?

The offence must be proven beyond a reasonable doubt. The Prosecutor or Crown must prove the charge against you. You do not need to prove your innocence. They need to prove your guilt.