11 Essential Careless Driving Ontario Facts
You have been charged with Careless Driving in Ontario, and you don’t know what to do next.
Not to worry, we have been there as well. We promise to take away any worry you have about this charge by the time you finish reading this article.
We are going to provide you with 11 essential facts that will touch on what the charge actually is, the penalties, insurance implications, and what your next steps should be.
What is Careless Driving?
Careless driving is the act of operating a vehicle without due care or consideration for other drivers. As of September 1, 2018, there has been an update to the charge of Careless Driving in Ontario, and it has been divided into two versions.
1. Careless Driving NOT Causing Bodily Harm or Death
The definition as per the Highway Traffic Act:
- 130 (1) “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.”
2. Careless Driving Causing Bodily Harm or Death
The definition as per the Highway Traffic Act:
- 130 (3) “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.
Careless Driving Ontario Penalty
Careless Driving is one of the most serious and commonly laid charges under the Highway Traffic Act. It also has some of the most severe penalties associated with it. The penalties associated with the two versions of Careless Driving Ontario are as follows:
Penalties For Careless Driving NOT Causing Bodily Harm or Death are:
| Type of Penalty: | Details: |
| Demerit Points | 6 Demerit Points |
| Fine | $400.00 To A Maximum Of $2,000.00 |
| Jail Sentence | Up To Six (6) Months |
| Licence Suspension | Possible Two (2) Year Suspension |
| Novice Drivers Licence Suspension | Automatic Suspension |
| Insurance | Increase Or Cancellation Of Policy |
Penalties For Careless Driving Causing Bodily Harm or Death are:
| Type of Penalty: | Details: |
| Demerit Points | 6 Demerit Points |
| Fine | $2,000.00 To A Maximum Of $50,000.00 |
| Jail Sentence | Up To Two (2) Years |
| Licence Suspension | Possible Five (5) Year Suspension |
| Novice Drivers Licence Suspension | Automatic Suspension |
| Insurance | Increase Or Cancellation Of Policy |
Careless Driving Demerit Points
If you are found guilty, you will be assessed a total of six (6) demerit points to your driver’s licence. The amount of demerit points stays the same whether you are charged with either Careless Driving not causing bodily harm or death or you are charged with Careless Driving causing bodily harm or death. If you are having trouble understanding how demerit points work, our article on The Demerit Point System explains it all in full detail.
How Long Does Careless Driving Stay on Record In Ontario?:
A Careless Driving ticket in Ontario will stay on your driving record for a total of (3) three years from the conviction date. The conviction date is either the date in which you are found guilty in court or the date you choose to pay the ticket before court.
Careless Driving Ticket – Fine
The fines for this charge vary depending on what version you have been charged with:
Careless Driving NOT Causing Bodily Harm or Death
- Minimum Fine – $400.00
- Maximum Fine – $2,000.00
Careless Driving Causing Bodily Harm or Death
- Minimum Fine – $2,000.00
- Maximum Fine – $50,000.00
What Is Considered Careless Driving In Ontario?
Due to the fact Careless Driving Ontario is so vague, some common examples are as follows:
- A motor vehicle collision.
- Tailgating another vehicle while driving.
- Passing another vehicle in an aggressive manner.
- Failing to yield to pedestrians on a crosswalk.
- Using your cell phone or portable navigation device while driving.
- Performing a burnout.
- Failing to yield to the right of way of another vehicle.
- Eating or drinking while driving a vehicle.
- Overtaking and forcing your way into a line of vehicles waiting to turn or exit.
- Applying make-up while driving.
Is Careless Driving a Criminal Offence In Ontario?
In short, NO. Although, the offence of Careless Driving permits a penalty of jail time, that does not make it a criminal offence. This is due to the fact you are being charged under the Ontario Highway Traffic Act and not the Criminal Code. So, you will not be given a criminal record if you are found guilty of either Careless Driving not causing bodily harm or death or Careless Driving causing bodily harm or death.
If the police would like to proceed criminally with a traffic related offence, you would be charged with Dangerous Driving. Dangerous operation of a motor vehicle reads as follows under the Criminal Code:
“Operating a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place”
Careless Driving vs Reckless Driving Ontario
One of the most common questions we receive is: what is the difference between careless driving and reckless driving? In Ontario, there is actually no charge called “reckless driving.” The term people are looking for is either careless driving (under the Highway Traffic Act) or dangerous driving (under the Criminal Code of Canada). Here’s how they differ:
Careless Driving (HTA 130) is a provincial offence under the Highway Traffic Act. It is NOT a criminal charge. You will not receive a criminal record if found guilty. The penalties include fines up to $2,000 (or $50,000 if causing bodily harm or death), up to 6 months in jail (or 2 years if causing bodily harm or death), 6 demerit points, and a possible licence suspension.
Dangerous Driving (Criminal Code 320.13) is a criminal offence. If found guilty, you will have a criminal record. Dangerous driving is reserved for situations where the driving is considered a “marked departure” from what a reasonable person would do. The penalties are significantly more severe, including the possibility of a federal prison sentence.
Key Differences:
Criminal record: Careless driving – no. Dangerous driving – yes.
Charged under: Careless driving – Highway Traffic Act. Dangerous driving – Criminal Code.
Standard of proof: Both require proof beyond a reasonable doubt, but dangerous driving requires the Crown to prove a “marked departure” from a reasonable standard of care.
Who handles it: Careless driving is heard at Provincial Offences Court. Dangerous driving is heard at Criminal Court.
If you have been charged with careless driving and are worried about your record, the good news is that it is not a criminal offence and will not result in a criminal record. However, the consequences are still serious, and fighting the charge is strongly recommended. Contact us at 905-738-7171 for a free consultation to discuss your options.
Regular Ticket VS. Summons
Beyond the two versions of Careless Driving Ontario, there are two versions of traffic tickets that you can receive.
1. You can receive a traffic ticket that has a set fine, which means that it is your choice if you wish to fight the ticket in court.
2. The second type of traffic ticket is one without a set fine; a court date is written on the ticket, you are required to attend court and answer to the charges against you. This type of ticket is better known as a summons.
Types of Careless Driving Tickets in Ontario
There are three types of Careless Driving Tickets that you can receive:
- Careless Driving with an accident.
- Careless Driving without an accident.
- Careless Driving causing bodily harm or death.
In order to determine what version of Careless Driving you have been charged with, you will need to look at the section number on the ticket.
If you have been charged with Highway Traffic Act 130 (1), this means that you were charged with Careless Driving with an accident or Careless Driving without an accident.
If you have been charged with Highway Traffic Act 130 (3), this means that you were charged with Careless Driving Causing Bodily Harm or Death.
While the definitions of Careless Driving are extremely broad, there is a reason for this. The charge was created with the intent of being used in almost any situation. For this reason, it is classified as an umbrella or default charge. This is why it is one of the most common charges under the Highway Traffic Act.
In hopes of further defining the charge, the Act now specifies what reasonable consideration means.
It reads as follows:
“A person is deemed to drive without reasonable consideration for other persons using the highway if he or she drives in a manner that may limit his or her ability to prudently adjust to changing circumstances on the highway.”
While the intention was to define this charge in further detail, it has actually made it less specific. The definition uses the word “may”, which implies that something could potentially happen. This already broad charge, has now become more vague.
Do You Have to Go to Court for Careless Driving in Ontario?
It depends on the type of ticket you received. There are two scenarios:
If you received a summons (no set fine on the ticket): Yes, you are required to appear in court on the date written on the ticket. A summons means the officer or the court has decided that this matter must be heard by a Justice of the Peace. You cannot simply pay the ticket and make it go away. You or your legal representative must attend court and answer to the charge.
If you received a ticket with a set fine: You are not required to go to court, but we strongly recommend it. If you pay the fine, you are pleading guilty. That means 6 demerit points on your licence, a conviction on your record for 3 years, and a likely increase in your insurance rates. The only way to have the charge dismissed is to take it to trial.
In both cases, you do not need to attend court personally if you hire a legal representative. At Sturino Walker Legal, our licensed paralegals attend court on your behalf so you can go to work while we fight your careless driving ticket. Call us at 905-738-7171 to discuss your case.
Impact Of Careless Driving On Your Insurance
Every insurance company treats a Careless Driving ticket in Ontario their own way. It is without a doubt that your insurance rates will rise if the Court of Law finds you guilty of this offence. Additionally, if you are younger there is a high probability that you will see a larger increase than others. It is also likely that this increase would continue for a period of 3 years while the traffic ticket is currently on your record.
Although you have been charged, that does not mean your insurance rates will go up right away. Depending on how regularly your insurance company checks your policy to see if you have received a traffic ticket, there is the possibility you might be able to avoid an increase for a small period of time or all together.
How To Get A Careless Driving Ticket Dismissed In Ontario
Fight it! This is the only option you have if you want your ticket withdrawn or dismissed. Here are your six steps to follow:
1. Don’t plead guilty or pay the ticket.
2. Select option three on the ticket and take it to trial.
3. File your ticket with the court within 15 days.
4. Request the disclosure or officer’s notes.
5. Prepare for trial.
6. Attend your court date prepared and ready to fight your careless driving ticket.
Remember, you have the legal right to go to trial and view all the evidence against you. The courts must prove you committed this act beyond a reasonable doubt; if they don’t, that’s grounds for dismissal. The advantage of taking the matter to trial is that the ticket and demerit points do not go on your record during that period. Only if you are found guilty will the ticket and demerit points be added to your driving record.
Your best chance at getting the ticket withdrawn or dismissed would be hiring a legal representative and taking the matter to trial.
What You Should Do Next
Due to the severity of this charge, we would recommend that you speak to a legal representative to ensure you fully understand the impact this charge could have on your ability to drive. At Sturino Walker Legal, we offer a free consultation to answer any questions you may have about Careless Driving and what your next steps should be. Feel free to contact us today regarding your Careless Driving ticket in Ontario.
Frequently Asked Questions About Careless Driving in Ontario
Q: Is careless driving a criminal offence in Ontario?
A: No. Careless driving is charged under the Ontario Highway Traffic Act, not the Criminal Code. You will not receive a criminal record if found guilty. However, the penalties are still severe, including fines up to $2,000, 6 demerit points, possible jail time, and a potential licence suspension.
Q: How many demerit points is careless driving in Ontario?
A: Careless driving carries 6 demerit points, regardless of whether you are charged with careless driving not causing bodily harm or careless driving causing bodily harm or death. The demerit points are the same for both versions.
Q: What is the difference between careless driving and reckless driving in Ontario?
A: There is no charge called “reckless driving” in Ontario. The correct terms are careless driving (Highway Traffic Act, not criminal) and dangerous driving (Criminal Code, criminal offence). Careless driving does not result in a criminal record, while dangerous driving does.
Q: Do you have to go to court for careless driving in Ontario?
A: If you received a summons (no set fine), you or your legal representative must attend court on the date shown on the ticket. If you received a ticket with a set fine, you are not required to go to court, but we strongly recommend taking the matter to trial. It is the only way to have the charge dismissed.
Q: How long does careless driving stay on your record in Ontario?
A: A careless driving conviction stays on your driving record for three (3) years from the date you are found guilty in court or the date you pay the ticket.
Q: Can you get a careless driving ticket dismissed in Ontario?
A: Yes. The Crown must prove careless driving beyond a reasonable doubt. If the evidence is insufficient, the officer does not attend, or there are procedural errors, the charge can be withdrawn or dismissed. Your best chance at getting the ticket dismissed is to hire a licensed paralegal and take the matter to trial.
Q: What is the fine for careless driving in Ontario?
A: For careless driving not causing bodily harm or death, fines range from $400 to $2,000. For careless driving causing bodily harm or death, fines range from $2,000 to $50,000.
Q: What is considered careless driving in Ontario?
A: Careless driving is defined as operating a vehicle without due care and attention or without reasonable consideration for others. Common examples include tailgating, distracted driving, running a red light, failing to yield to pedestrians, and being involved in a motor vehicle collision.
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Updated March 2026
One Response(s) for “11 Essential Careless Driving Ontario Facts”
Hello, I am charged with under the highway traffic act 130(3) and the opp have summoned me with the charge of careless driving causing death and bodily harm. I am looking for a good and promising legal adviser who could help me clear my record.