What Is Considered as Careless Driving

You have had your car for ages. And you have a clean driving record. However, this does not mean that you are immune to accidents, whether major or minor. Driving requires full concentration on the road. And there are limitless distractions such as navigation systems, food, phones, and even entertainment systems. 

If you are charged with careless driving, the relentless worry of the consequences can be overwhelming. While a careless driving charge is not a criminal offence, the fines, community service, or demerit points are nothing to smile about. Careless driving, however, can be confused with other road offences such as reckless driving. Understanding what is considered careless driving can help you navigate such charges when pulled over. For a related topic about driving without insurance, check here. 

What is careless driving? 

Careless driving is a disregard of the road rules by driving without due attention, care, and consideration of other road users. Multiple acts are considered as careless driving as per careless driving Ontario laws. Some of these include: 

• Failing to maintain a safe distance from other vehicles
• Making unsafe or risky passing
• Failing to check mirrors when changing directions or reversing
• Excessive speeding
• Accidents involving cyclists and pedestrians
• Using the mobile phone while driving
• Running a stop sign or a red light

What are the consequences of a careless driving charge in Ontario?

As per careless driving Ontario rules, you will get six demerit points on your driving record if convicted for careless driving. You may also be charged a fine of $400- $2,000, licence suspension (mandatory for novice drivers), possible imprisonment for up to 6 months, and a possible 6-month suspension for all drivers. However, a lot of judgment will be made by the police, the driver, and the prosecutors. 

What are the consequences of careless driving demerit points? While demerit points will not directly affect your premiums, the type and number of traffic violation tickets will affect your insurance premiums. This is another consequence of a careless driving conviction that you may not expect. This will be evident at the insurance renewal date and can cause huge financial changes in your premiums, more so if you have various convictions. 

Commercial drivers suffer a possible loss of income if convicted for careless driving, especially where more stringent penalties have been applied. And if applying for a job that requires a clean driving record, a careless driving charge can affect the outcome. 

What if careless driving causes bodily harm?

If involved in a serious accident, a more stringent careless driving charge will be issued. For instance, you will incur fines between $2,000- $50,000, a possible 2-year jail term, loss of 6 demerit points, and licence suspension for up to 5 years. Novice drivers get a licence suspension for 30 days. The effect on your insurance premiums? Upon conviction, your insurance premiums can increase by 100%. The careless driving charge will also stay in your driving record for up to 3 years. 

Types of careless driving tickets:

Careless driving penalties and fines vary in Ontario depending on the severity of the events leading to the charge. You may be issued with a careless driving ticket where:

• The careless driving ticket has a fine- This is issued for less serious careless driving offences. Drivers receive a ticket with 6 demerit points and a fine. Once the fine is paid, the driver is assumed to have admitted guilt. 
• The careless driving ticket does not have a fine- This is issued for more serious careless driving charges. Drivers receive a court summons to answer to the careless driving charge. If convicted, the fines are higher. Serious careless driving charges may warrant jail time and licence suspension.  

Is there a difference between careless driving and reckless driving?

Both careless driving and reckless driving carry significant penalties if convicted. However, the events leading to the convictions differ. A driver is charged with reckless driving if they are convicted of driving in ways that are dangerous to the public.  The charges for reckless driving are also more severe than careless driving. If convicted for reckless driving in Ontario, you will pay a $1,000 fine (first-time offence), carry a 1-year minimum driving ban, and have a criminal record. 

Is careless driving a criminal offence?

No. Careless driving is not a criminal offence since the incident was not intentional. Rather, it is considered a mistake. However, it is an offence under the Ontario Highway Traffic act. 

How can you fight a careless driving ticket?

If you are issued a careless driving ticket, you can challenge the officer who issued it by having a judge listen to your opinion. This is the only option if you want the ticket dismissed or withdrawn. Speaking to a legal advisor is recommended.  

The consequences of a careless driving charge can be stressful. Luckily, you can avoid a careless driving ticket. Here are some steps you can implement to make you a safer driver. 

• Obey all traffic rules- You may be an experienced driver. However, traffic rules should be followed to the letter. For instance, never run red lights or fail to make a stop at stop signs, regardless of the rush to get to your destination. Traffic laws are put in place to keep every road user safe. Ignoring traffic rules is the easiest way to land yourself in jail, lose your driving licence, and even pay hefty fines. 
• Leave early- Most accidents occur due to speeding. This can be prevented by leaving early. 
• Get rid of distractions when driving- Distractions account for most road accidents. Things like changing the radio, texting, or even eating when driving are a call for disaster. When distracted, it is easy to swerve, switch lanes unsafely, or speed. 
• Maintain safe distance with other vehicles- You may be tempted to tailgate if you are in a rush or the car in front is driving too slowly. If the vehicle in front makes a sudden stop, you are more likely to hit it from behind. 
• Never drive under the influence- Driving under the influence impairs your judgment, making it unsafe for other road users and even yourself. You will incur serious consequences if caught driving under the influence, and even worse if you cause an accident. 
• Keep road rage in check- Even while driving in stressful situations, keep the road rage in check. For instance, do not yell, threaten or point fingers at other drivers and road users. Road rage can lead to careless road mistakes.