Careless Driving
Careless Driving is a quasi-criminal offence prosecuted under the Highway Traffic Act. What is considered careless driving is extremely broad, and the penalties can include fines, jail time, a driving suspension, the loss of demerit points, and increased insurance rates.
Careless driving is an offence under section 130 of the Highway Traffic Act. While it is not a criminal offence, it is one of the more serious offences under the Highway Traffic Act and can attract significant consequences. The scope of what is considered careless driving is very broad and open to interpretation by police.
What is Careless Driving?
Careless driving involves driving without due care and attention or “without the consideration to other persons” on the road that a driver of ordinary care would have used in the circumstances. The benchmark for assessing whether a person drove without reasonable consideration for other persons is whether he or she drove in a manner that may have limited his or her ability to prudently adjust to changing circumstances on the highway.
Any situation where proper care is not taken while driving on the road may fall under the category of careless driving. Some common examples include:
Changing lanes without signalling;
Passing another vehicle in an unsafe manner;
Failing to check mirrors before changing lanes or reversing;
Following another vehicle too closely;
Excessive speeding, stunt driving, or street racing;
Talking on, texting on, or holding a cell phone;
Distracted driving, such as putting on makeup or reading;
Running a red light;
Coming into contact with another vehicle; and
- An accident involving pedestrians or cyclists.
Next Steps
The information above provides a general overview of the offence of Careless Driving, as well as potential penalties and defences. However, no two cases are alike. Every case is fact-specific and ranges in complexity, depending on the issues at play.
Were you charged with Careless Driving? Contact our office today at (416) 888-0592 to learn more about how we can help you. Our lawyer is prepared to conduct a thorough review of your situation and develop an approach tailored to your needs. Obtaining proper legal representation is an important step in preparing your defence.