Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to careless driving laws under the Ontario Highway Traffic Act, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have Toronto and Ottawa criminal defense lawyers/attorneys registered on Dynamic Lawyers who can offer information, advice, and assistance with respect to careless or dangerous driving.
Section 130 of the Ontario Highway Traffic Act establishes the offence for careless driving as follows:
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 $200 and not more than $1,000 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.
A few years back, a friend of mine lost control of her car while driving on a patch of uncleared ice. Her car ended up crashing into City property and, after we called the police, they charged her with careless driving under s. 130. She was faced with paying a fine of $325 and losing 6 demerit points! I ended up doing some research on the offence of careless driving and here’s what I discovered by reading some cases:
- The offence of careless driving is of a quasi-criminal nature.
- It goes beyond mere error in judgment. It indicates a measure of indifference, a want of care for the matter in hand and an indifferent regard for the rights of other.
- To support a charge of careless driving, the evidence must prove beyond a reasonable doubt that the accused drove without due care and attention or without reasonable consideration for others.
- The standard of care and skill to be applied has been long established and is not that of perfection.
- The test is whether the accused, in light of existing circumstances of which he was aware or of which a driver exercising ordinary care should have been aware, failed to use the care and attention or to give to other persons using the highway the consideration that a driver of ordinary care would have used or given in the circumstances.
- The use of the term “due care”, which means care owing in the circumstances, makes it quite clear that, while the legal standard of care remains the same in the sense that it is what the average careful man would have done in like circumstances, the factual standard is a constantly shifting one, depending on road, visibility, weather conditions, traffic conditions that exist or may reasonably be expected, and any other conditions that ordinary prudent drivers would take into consideration. It is a question of fact, depending on the circumstances in each case.
- There is a further important element that must also be considered, namely, that the conduct must be of such a nature that it can be considered a breach of duty to the public and deserving of punishment.
Remember, if you need legal advice with respect to your careless driving charge, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have criminal defense lawyers/attorneys registered on Dynamic Lawyers who can offer information, advice, and assistance with respect to carless or dangerous driving.
