Charged With A Careless Driving Offence? | Enlist the Services of a Driving, Traffic and Highway Offence Lawyer in Toronto
Driving with improper care and insufficient attention on the road can cause unfortunate circumstances for those involved. Careless driving can be construed when there are multiple distractions taking place, including smoking or texting behind the wheel, driving through a red light and driving while intoxicated.
Although the officer may believe the driver was driving dangerously and worthy of his charge, it’s the judge that ultimately determines your circumstances.
If you have been charged with a careless driving offence or a highway offence, you need urgent and prudent legal advice. Among being an established domestic violence lawyer, John Erickson can help you fight your careless driving charges in a timely and efficient manner.
John Erickson is a professional impaired driving lawyer that will fight on your behalf to combat your highway offences and careless driving charges. Our commitment to client care will enable you to reduce legal stress and assist you in handling legal obligations. Alleviate your financial burden and enlist the help of an experienced driving offence lawyer to guide you every step of the way.
What are the Careless Driving Charges Under the Ontario Federal Law?
Under the Ontario Highway Traffic Act, careless driving is defined as:
- The driver was not driving carefully in consideration to other drivers on the roads and/pedestrians walking,
- The driver was distracted by other means, resulting in insufficient attention driving.
A careless driving charge does not entail that the driver was driving dangerously or had criminal intent to cause bodily harm to themselves and others.
Section 130 of the Ontario Highway Traffic Act constitutes careless driving under these guidelines:
➥ Failure to maintain a safe distance from the vehicle to vehicle
➥ Excessive speed
➥ Failing to check mirrors when reversing or changing lanes
➥ Accidents involving cyclists and pedestrians
➥ Texting behind the wheel of a running vehicle, causing insufficient attention to the driving conditions
Careless driving is an offence under the Ontario Highway Traffic Act, which is classified as a provincial statute. The Criminal Code of Canada states that criminal charges are examined by federal laws. The clear distinction between a criminal charge and a highway traffic offence is that there is no clear intent to commit a crime in the latter.
The penalties for dangerous driving charges are drastically more severe due to more serious implications that can lead to a criminal conviction. Further, careless driving charges can only be issued on roadways, and cannot legally be charged in any parking lots, private roads and roadways.
What is the Fine for Careless Driving in Ontario?
Careless driving fines and penalties will vary across Ontario based on your severity and situation. Ontario penalties for careless driving are listed under two categories:
Without an Accident – You have been issued a careless driving charge due to observation from a police officer but were not related to an accident or bodily harm of another.
➥ A fine between $490 to $2,000
➥ Possible 6-month suspension for all drivers listed under the car’s insurance
➥ Possible 6 months in jail for serious cases
➥ The careless driving charge will stay on the Driving Record for 3 years
Causing Death or Injury– If a serious accident that has caused bodily harm has occurred due to careless driving, the penalty is increased:
➥ A fine between $2,000 to $50,000
➥ Loss of 6 Demerit Points
➥ License suspension for a maximum period of 5 years
➥ Possible 2 years in jail
How do I get a Careless Driving Ticket Dismissed in Ontario?
When a police officer issues a ticket for careless driving, it’s their direct interpretation that the driver was distracted. However, a Justice of Peace decides the fate of your outcome by taking into consideration all aspects considered in your occurrence.
As a driver in Ontario, you have the right to challenge the officer’s careless driving offence. Possible defences to charges of careless driving and ways that your offence can be dropped can include:
➥ Harsh weather conditions making the driving roadway unclear and unsafe
➥ Hazard avoidance that forced the driver to take unprecedented driving actions
➥ Incorrect observation from the police officer that issued the ticket
➥ A mechanical fault occurring in your vehicle that resulted in unsafe driving
➥ An emergency that involved the threat of violence causing an escape from an assault caused by a third-party
➥ Medical reasons that potentially rendered you from operating your vehicle at full capacity
It’s important to note that just because you have been charged with a careless driving offence, does not make you guilty. Our professional legal defence will aid you in positioning your defence for success.
Just Because You’ve Been Charged Doesn’t Mean You’re Guilty! – Contact Our Reputable Impaired Driving Lawyer in Toronto
If you have been charged with careless driving, a DUI or a highway offence, you must seek legal guidance from a professional and experienced lawyer. Book your complimentary consultation with John Erickson, email us at firstname.lastname@example.org or directly call our office at (416) 363-3612.