Distracted driving is a topic we have covered it here, here, here and here. Oh and here. However, it can often it can lead to a careless driving charge which is one of the most severe moving violations in the Highway Traffic Act and one of the most litigated.
This section of the HTA reads,
Careless driving
130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. 2009, c. 5, s. 41.
Careless driving carries strict consequences:
- minimum fine of $400 up to a maximum of $2000
- 6 demerit points
- up to 6 months in jail
- up to 2 years driver’s licence suspension
These serious ramifications often lead to defendants pleading guilty to a less serious offence rather than gambling on the quirky moods of a trial when facing the charge of careless driving.
There are two ways an officer can prove careless driving,
- To drive without due care and attention; or
- To drive without reasonable consideration for other persons using the highway
This vague wording suggests that careless driving can be subjectively decided by the officer. An officer can lay these charges under their own observations, or through the observations of a witness. An officer will often charge a driver with careless driving rather than a more specific charge under the HTA. In court, when deciding if a driver is guilty of careless driving, the court must decide if the defendant was carrying out the actions of a reasonable driver, or if he or she was driving “without due care” or “without reasonable consideration for other persons using the highway”.
Careless driving is generally the default charge in a motor vehicle collision where there is a lack of sufficient evidence. Police will lay careless driving charges in the following circumstances where the defendant:
- Drives off the road into a ditch for no apparent reason;
- Collides with a parked car;
- Collides with a car stopped in front;
- Missing visible traffic signals or signs resulting in a collision;
- Committing a combination of moving violations, with or without a collision occurring;
- Abnormal driving that forces other drivers or pedestrians to take evasive action;
- Any minor period of inattention, regardless of whether a collision occurred;
- Failure to take precautionary measures in adverse weather conditions; and
- Continuing to drive despite conditions that prevent attention to driving (see our distracted driving blog)
Many officers believe that most moving violations impart some level of carelessness on the defendant and may lay a careless driving charge even when another offence is more fitting, if the result of the act causes injuries or substantial damage.
One more thing, you can be charged with careless driving when riding a bicycle as well, if the circumstances include anything we have covered above.
Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.
