Driving Offences
Careless Driving Lawyer in Canada
A careless driving lawyer defends charges under Provincial highway traffic legislation, such as Ontario's Highway Traffic Act, s. 130. This page sets out what the offence covers, what must be proven, the penalties and licence consequences that can follow and the defences that are commonly available, then lists criminal defence firms you can contact.
Provincial highway traffic legislation, such as Ontario's Highway Traffic Act, s. 130·provincial offence
What Careless Driving covers under provincial traffic law
Careless driving is a provincial offence rather than a Criminal Code offence. In Ontario it is created by section 130 of the Highway Traffic Act, which prohibits driving without due care and attention or without reasonable consideration for other persons using the highway. Other provinces have equivalent provisions in their own traffic legislation.
Because it is a strict liability provincial offence, the prosecution must prove the prohibited driving beyond a reasonable doubt, after which the defendant may avoid conviction by establishing due diligence on a balance of probabilities. There is no requirement to prove a criminal state of mind.
Careless driving is frequently the resolution of a dangerous driving charge under section 320.13 of the Criminal Code. Pleading to the provincial offence avoids a criminal record entirely, which is why it is one of the most commonly negotiated outcomes in driving prosecutions.
What must be proven
- The accused drove a motor vehicle on a highway
- The driving fell below the standard of due care and attention, or showed a lack of reasonable consideration for others
- The standard is that of a reasonably prudent driver in the circumstances
- Identity of the driver and the date and location of the offence
- Compliance with the limitation period and service requirements for the provincial offence notice
Penalties and licence consequences
- Fines, with substantially higher penalties where the careless driving caused bodily harm or death
- Demerit points and a licence suspension of up to two years in Ontario
- A significant increase in insurance premiums, often for several years
- Possible imprisonment of up to six months in the most serious cases under provincial legislation
- No criminal record, since a provincial offence conviction is not a criminal conviction
Common defences
- Due diligence: the driver took all reasonable care in the circumstances
- The driving met the standard of a reasonably prudent driver, viewed in context
- A sudden and unforeseeable mechanical failure or medical event
- Challenging the officer's observations, notes and reconstruction evidence
- Requesting disclosure and testing the completeness of the prosecution case
- Negotiating a plea to a lesser offence with no demerit points
Careless driving lawyer: frequently asked questions
- Is careless driving a criminal offence?
- No. Careless driving is a provincial offence under highway traffic legislation and a conviction does not create a criminal record. Dangerous operation under section 320.13 of the Criminal Code is the criminal counterpart, and it does.
- Why would a dangerous driving charge be reduced to careless driving?
- Because it resolves the matter without a criminal record while still holding the driver accountable. Crown counsel often agrees where the driving was below standard but does not amount to a marked departure from the conduct of a reasonable driver.
- Can I lose my licence for careless driving?
- Yes. In Ontario a careless driving conviction carries six demerit points and a possible suspension of up to two years, and higher penalties apply where the driving caused bodily harm or death.
Find a careless driving lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Careless Driving among their practice areas. Featured listings appear first.
Careless Driving lawyers by province