Careless driving is a traffic offence defined under section 130 of the Highway Traffic Act Ontario. Careless driving is a blanket charge as it encompasses a wide range of actions including but not limited to: distracted driving, over speeding on the roads, tailgating, accidents, and ignorance of traffic rules.
A person is charged for the offence of careless driving when he drives or operates a motor vehicle without due care and attention or when the prescribed standard of driving is not followed by the individuals while being on the roads.
Two Categories Of Careless Driving Charge Under Highway Traffic Act Ontario
Careless driving is one of the most common charges faced by drivers in Ontario. There could be two instances where a person may be charged with a ticket depending on the gravity of the harm caused by such careless driving. These are:
- Careless driving with No bodily harm
The first instance is when there is no bodily harm. Under section 130 (1) of the Highway Traffic Act Ontario, individuals can face fines, imprisonment up to 6 months, and a possibility of suspension of license.
- Careless Driving when Bodily harm is caused
The second instance is when there is an accident and bodily harm is caused. Section 130 (3) of the Highway Traffic Act Ontario comes into play whenever there is an injury or death as a result of careless driving. In such situation, a person can face a hefty fine and a jail term up to two years and sometimes can also result in license suspension.
Can You Be Brought To Court For Careless Driving?
Yes, you could be brought to court for driving carelessly. Typically, when you are charged for careless driving, you are stopped by a police officer, issued a ticket, and asked to pay a fine without the need of going to the court. However, under some serious circumstances or for more severe cases including accidents or injury, a court appearance becomes mandatory and you may be issued summons to appear in court. A person can be charged with additional penalties if he/she fails to appear in court on ordered date and time.
It is pertinent to note that careless driving is different from dangerous driving. Careless driving charge is not a criminal offence per se but that does not mean that it does not carry its repercussions.
We Can guide you!
Careless driving charges in Ontario carry serious consequences that can impact a driver’s record, finances, court appearances and overall well-being. If you have been charged with careless driving in Ontario or require assistance, contact the lawyers at Ayaz Mehdi Professional Corporation.
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