A careless driving ticket conviction may result in hefty court-imposed monetary fines, the accumulation of demerit points, an Ontario Driver’s Licence suspension, and, in the worst of cases, incarceration. A careless driving conviction also guarantees increased insurance premiums.

Under section 130 of the Ontario Highway Traffic Act, careless driving is defined as operating a motor vehicle without due care and attention, or without reasonable consideration for others using the highway.

Pursuant to the decision made in the case of Regina v. Sault Ste. Marie [1978], strict liability offences such as careless driving allow the defendant to argue the primary defence of due diligence.

Court-imposed penalties for careless driving are as follows:

Following an in court conviction for careless driving, the Ontario Ministry of Transportation (MTO) will then impose the following:

It is important to note that while a conviction for careless driving could result in a jail sentence, a conviction does not result in a criminal record.

Due to its classification of being an offence of strict liability, a careless driving ticket is defensible in court with the right legal representation. The following defences exist:

• Due Diligence – The defence of due diligence is arguably the strongest defence to a careless driving ticket. At trial, if the defendant can prove on a balance of probabilities that reasonable steps were taken to prevent the commissioning of the offence (action), or that there were extraordinary circumstances/conditions that may have contributed to an accident or driving behaviour, then the presiding trier of fact may deem the action innocent.

• Prove It – Since the offence of Careless Driving is considered a quasi-criminal offence (meaning its process in court follows that of its criminal code counterpart), the onus (requirement) is always on the Crown Prosecutor to establish all essential elements beyond a reasonable doubt.  The Crown Prosecutor must satisfy the court:
  • that the offence/driving behaviour happened on a highway while the defendant was in operation of a motor vehicle;
  • that technical issues such as date, time, jurisdiction, and identity are appropriate according to the charging officer;
  • that the driver operated a motor vehicle without due care or attention, and
  • that the driver operated a motor vehicle without reasonable consideration for others on the highway.

There are a number of different driving behaviours that may result in a ticket for careless driving. There is a fine line between certain behaviours that could also result in a stunt driving ticket such as excessive speeding and weaving in and out of traffic, but the most commonly laid ticket for driving carelessly tends to follow either a single-, or multi-vehicle collision. However, if an officer has reasonable suspicion that you are operating a motor vehicle on a highway in a manner than deviates from how a reasonable and prudent driver may normally behave then they can execute a traffic stop.