Is Careless DRIVING A CRIMINAL OFFENCE?
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Is Careless Driving a Criminal Offence?
♦ What is Careless Driving?
Careless Driving can include conduct like not driving carefully, not driving skillfully or not foreseeing risks attending to one’s conduct. It may also include driving without reasonable consideration for others.
Careless Driving is a Provincial Offence under the Ontario Highway Traffic Act.
♦ What is Reckless Driving?
“Reckless Driving” It is not an offence known to law. Most people mean the offence of Dangerous Operation of a Motor Vehicle when referring to “Reckless Driving”.
Dangerous Operation of a Motor vehicle, Criminal Code
320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
Dangerous Driving means driving a vehicle in a manner that is objectively dangerous and a marked departure from what would be expected of a driver in those circumstances. There must also be a danger to the public who were, or may have, been present.
Dangerous driving is 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.
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Fight Careless Driving Charge
What are examples of Careless Driving?
Some examples may include:
- Driving a vehicle and not paying attention, like using your cell phone
- Driving at a speed higher than what would be safe in the circumstances, like driving at normal highway speeds in the middle of a blizzard with snow caked on the road and poor visibility
- Driving unskillfully, like making a turn at an intersection but going wide and driving into a pole or into a ditch.
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- CARELESS DRIVING
- CARELESS DRIVING VS DANGEROUS DRIVING
- CVOR OFFENCES
- DANGEROUS DRIVING
- DISTRACTED DRIVING
- DISOBEY SIGN
- DRIVING UNDER SUSPENSION
- FOLLOW TOO CLOSE
- FAILING TO MOVE
- FAILING TO REMAIN
- FAILING TO REPORT
- FAIL TO STOP/YIELD
- FAIL TO STOP FOR SCHOOL BUS
- HANDHELD DEVICE
- HOV LANE TICKET
- IMPROPER DRIVING
- MOVING ONTARIANS SAFELY ACT (MOMS ACT - BILL 282)
- NO INSURANCE
- NO LICENCE
- RACING A MOTOR VEHICLE
- STUNT DRIVING
- RECKLESS DRIVING