Section 130 of the Highway Traffic Act, RSO 1990, c H.8 states: “Driving on a highway without due care and attention or without reasonable consideration for other persons using the highway.“
Ticket Shield is able to defend you against Careless Driving charges anywhere in Ontario. This offence is commonly issued to people involved in a motor vehicle collision. The definition is fairly vague, and because of this, it is often left up to the judge to decide whether the defendant is guilty or not when they apply the law. It is crucial to retain legal representation when it comes to Careless Driving charges because it can mean the different between being found guilty or not to a charge with extremely serious penalties.
The penalty for Careless Driving is as follows:
- Minimum Fine: $400.00
- Maximum Fine: $2000.00
- Demerit Points: 6
- Additional Penalties: Possible license suspension of up to 2 years and/or a jail sentence of up to 6 months.
Will a conviction affect my Insurance Rates?
Most definitely. Careless is classified as a major offence by insurance companies. If convicted of Careless Driving, your insurance could be affected for up to 3 years or more. In most cases, even one conviction of Careless Driving can cause your insurance rates to increase by thousands of dollars per year, or a future denial of your policy renewal.
Is a “Momentary Inattention” enough to convict you?
Careless Driving is a complicated offence to defend against. There are specific principles that apply to the offence which can mean the difference of whether or not you are convicted.
The standard of which the defendant’s ability to drive is measured is not based on “perfection”. The driver’s ability is measured against a “reasonable” standard or skill of the average person. A mere momentary inattention or error in judgment is generally seen as insufficient to justify a conviction of this very serious offence. In instances that involve an accident, the fact that a serious injury, or death, has resulted from the accident, is generally not relevant to the assessment of whether or not there was a departure from the reasonable standard of care when making a decision about Careless Driving. Even inadvertent negligence is not necessarily enough to warrant a conviction of Careless Driving.
How will Ticket Shield help you fight your Careless Driving Charge?
Ticket Shield spends the necessary time on your case with the purpose of eliminating the charges completely by having them withdrawn or dismissed. If this is not possible, we will negotiate with the prosecutors to shield your demerit points, protect your license from being suspended, negotiate for the lowest fine available, and ultimately, keep your insurance rates as low as possible.
Ticket Shield begins preparing your defence with requesting a disclosure pack from the prosecutors. We make a very specific request that requires them to provide the Police Officer’s notes, witness reports, radar manuals and calibration notes (if applicable), and any other relevant evidence that they plan to use against you. By obtaining these documents prior to your court date, we can review them with you if we have any questions, and prepare a defence based on all of the information.
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