Careless driving charge in Ontario
Careless driving carries demerit points, possible jail and a lasting effect on your insurance. Know your options before your first court date.
What careless driving means
Careless driving is driving without due care and attention, or without reasonable consideration for other road users. It is charged under section 130 of the Highway Traffic Act and often follows a collision.
Penalties on conviction
| Careless driving | Causing bodily harm or death | |
|---|---|---|
| Fine | $400 to $2,000 | $2,000 to $50,000 |
| Jail | Up to 6 months | Up to 2 years |
| Demerit points | 6 | 6 |
| Licence suspension | Up to 2 years | Up to 5 years |
Penalties are set by law and can change, so the current details are confirmed at intake. A conviction can also raise insurance premiums significantly.
How the service helps
- Review of the charge, the collision details and the dates you must attend.
- Request and review of disclosure, including the officer’s notes and any statements.
- Assessment of the strengths and risks, including whether a different charge could be negotiated.
- Negotiation with the prosecutor, or representation at trial.
Frequently asked questions
What are the penalties for careless driving in Ontario?
Careless driving under section 130 of the Highway Traffic Act carries a fine of $400 to $2,000, up to six months in jail, six demerit points and a licence suspension of up to two years. Careless driving causing bodily harm or death carries much heavier penalties.
Is careless driving a criminal offence?
No. It is a Highway Traffic Act offence, not a criminal charge, so a conviction does not create a criminal record. It can still have a major effect on your licence and insurance.
Will careless driving raise my insurance?
Very often, yes. A careless driving conviction can raise premiums significantly and may lead insurers to treat you as a higher-risk driver.
Do I need to go to court?
Careless driving is a more serious charge than a standard ticket, and court proceedings are usually involved. In many cases a paralegal can appear for you on court dates, but some hearings need you to attend.
Can a paralegal handle a careless driving charge?
Yes, careless driving is a Highway Traffic Act offence within a paralegal’s permitted scope. Where bodily harm or death is involved, the matter is often serious enough that you should consider a lawyer, and you will be told honestly.
Charged with careless driving?
Send the paperwork you were given. Your deadlines, the court and your options are confirmed first.