Careless Driving Defence
Careless driving charge in London, Ontario? 6 demerit points and up to $2,000 fine at stake. Expert defence to protect your licence. Free consultation.
Our Service
Careless Driving Defence — serving London, Middlesex County, Southwestern Ontario.
Careless Driving Penalties in Ontario
Careless driving under Section 130 of the Highway Traffic Act is one of the most serious traffic charges in Ontario. A conviction carries 6 demerit points, fines ranging from $400 to $2,000, a possible licence suspension of up to 2 years, and potential jail time of up to 6 months. The insurance impact is severe — expect a 25-50% premium increase for at least 3 years, and some insurers may cancel your policy entirely. Careless driving is often charged after motor vehicle accidents, especially when police believe one driver was not paying attention or driving without reasonable consideration for others.
Defence Strategies for Careless Driving
Careless driving is a subjective charge — the Crown must prove that your driving fell below the standard of a reasonably prudent driver. This opens several defence avenues. We challenge the officer's observations and the basis for the charge. We examine whether road conditions, weather, or unexpected circumstances contributed to the incident. We review witness statements and accident reconstruction evidence. In many cases, we negotiate a reduction to a lesser charge such as following too closely (4 points), improper lane change (2 points), or fail to yield (3 points). A reduction from careless driving to a lesser charge can save thousands of dollars in insurance premiums over 3 years.
Careless Driving vs Criminal Dangerous Driving
It is important to understand the difference between careless driving under the Highway Traffic Act and dangerous driving under the Criminal Code. Careless driving is a provincial offence handled in provincial offences court where a licensed paralegal can represent you. Dangerous driving is a criminal offence that requires a lawyer. If your careless driving charge involves serious injury or death, you may also face criminal charges. In cases involving only a careless driving charge under the HTA, we provide full representation from disclosure to trial or negotiation.
Free Consultation
Call 365-882-9515 or book online to speak with a licensed paralegal at no obligation.
Frequently Asked Questions
What is the penalty for careless driving in Ontario?
Careless driving carries 6 demerit points, fines from $400-$2,000, possible licence suspension up to 2 years, and potential jail time up to 6 months. It also causes significant insurance increases that can last for years.
Can careless driving be reduced to a lesser charge?
Yes, we often negotiate careless driving charges down to lesser offences like following too closely (4 points) or improper lane change (2 points), which carry fewer demerit points and much lower insurance impact.
What is considered careless driving in Ontario?
Careless driving under HTA Section 130 is driving without due care and attention or without reasonable consideration for others. It includes distracted driving causing an accident, running stop signs, unsafe lane changes, and following too closely that leads to a collision.
How long will this affect my insurance?
A traffic conviction typically affects insurance rates for 3 years from conviction date. Impact varies by insurer and offence. Fighting often costs less than long-term insurance increase.
Contact LegalAssist
Phone: 365-882-9515
Email: info@legalassist.london
Location: London, Ontario N6A 2L1
Hours: Monday–Friday 9:00 AM – 6:00 PM