In short, NO, careless driving is not a criminal offence in Ontario. It is a provincial offence under the Highway Traffic Act, section 130. This means that it is managed within the framework of traffic regulations established by the province of Ontario and does not fall under the Criminal Code of Canada.
Instead, a careless driving is treated as a traffic offence, punishable by fines and demerit points and other careless driving Ontario penalties, but does not result in a criminal record.
According to the HTA, careless driving can be defined as:
“operating a motor vehicle without due care and attention or without reasonable consideration for other persons using the highway.”
Examples of Careless Driving in Ontario:
- texting while driving;
- following too closely;
- failing to yield the right of way to another vehicle or pedestrian;
- failing to signal when changing lanes or turning;
- driving with handheld device etc.
While these behaviours can be dangerous and result in accidents, they do not rise to criminal conduct.
BUT it’s worth mentioning that in some cases, careless driving can lead to more serious charges if the behaviour involves a higher degree of recklessness and disregard for public safety. For example, if a person is injured or killed as a result of careless driving, the driver may be charged with dangerous driving charge or criminal negligence causing death, which are criminal offences with more severe penalties. There is a significant difference between careless and dangerous driving in Ontario in terms of fines and legal consequences.
What To Do When Charged With Careless Driving in Ontario
If you are charged with careless driving in Ontario, take the offence seriously and seek legal advice. You may face severe consequences, including fines (up to $2,000), 6 demerit points, licence suspension of up to 2 years, jail time of up to 6 months and increased insurance rates for the next 6 years.
That’s why we recommend consulting with X-COPS traffic ticket lawyers to understand the charges against you and to check your legal options. Also discover how to get a careless driving ticket dismissed in Ontario with our detailed guide.
Our careless driving lawyers can review the case and provide guidance on the best course of action, which may include fighting the charge or negotiating a plea deal. Call us today for FREE initial consultation!