Careless Driving vs Dangerous Driving: What’s the Difference?
The primary difference between careless and dangerous driving is intent. Careless driving is considered a less severe citation and indicates a disregard for driving laws.
On the other hand, dangerous driving refers to intentionally driving in a manner that can cause harm to others. According to Canadian law, reckless drivers have a “willful or wanton disregard” for human life and safety.
Examples of Careless Driving
Under the Ontario Highway Traffic Act, careless driving occurs when someone drives without due care and attention or without reasonable consideration for other persons using the road. So, what does this entail? Here are a few examples of careless driving that can potentially incur a fine:
- Texting or taking a call while driving
- Applying makeup while driving
- Consuming food or water while driving
- Overtaking vehicles aggressively or forcing your way into a line of drivers waiting to exit
- Failing to stop for pedestrians
- Tailgating another vehicle
- Failing to check the rearview and side mirrors before driving
- Driving far too fast for the road or traffic conditions
In comparison, examples of reckless driving might include:
- Drag racing with other vehicles
- Driving while under the influence of alcohol or another substance
- Driving on the sidewalk
- Intentionally running a red light or stop sign
Types of Careless Driving
According to the Ontario Highway Traffic Act, there are two types of careless driving.
Not Causing Bodily Harm
Per section 130 (1) of the Highway Traffic Act, incidents not causing bodily harm can incur fines of up to $2,500 and jail time of up to 6 months. Drivers can also get their licences suspended for up to two years.
Causing Bodily Harm
Per section 130 (3)of the Highway Traffic Act, incidents causing bodily harm can incur fines of up to $50,000 and jail time of up to 2 years. Drivers can also get their licences suspended for up to five years.
Penalties and Fines for Careless Driving in Ontario
In Ontario, careless driving has some of the heaviest penalties for breaking road laws. Below is a breakdown of the consequences you can expect for careless driving.
Careless Driving Tickets
Careless driving can incur tickets of two types:
- Without fine: Enforcers typically write tickets without penalties for graver offences. Drivers must appear in court for a potential licence suspension, higher fine, and jail time.
- With fine: Enforcers write tickets with penalties for less serious offences. When a driver pays their fine, it counts as an admission and acceptance of guilt.
Demerit Points
Whether you receive a ticket with or without a fine, you’ll receive six demerit points for careless driving. Six is one of the highest numbers of demerit points assigned for a traffic conviction in Ontario. Fully licensed drivers can receive up to 15 demerit points before getting their licences suspended.
If you incur over nine demerit points, you may have your licence temporarily revoked and must attend a mandatory meeting. Drivers must also pay for the session, which costs $50.
Drivers who accumulate 9 or more demerit points may be required to attend an interview with the Ministry of Transportation, and their licence could be suspended depending on the circumstances.
Below are the demerit points for speeding.
| Demerit Points | Speed (over the limit) |
|---|---|
| 3 | 16 – 29 km/h over the limit |
| 4 | 30 – 49 km/h over the limit |
| 6 | > 50 km/h over the limit |
Below are the demerit points for general distracted driving.
| Demerit Points | Offence |
|---|---|
| 3 | First offence |
| 4 | Second offence |
| 6 | Third offence |
Ticket Fines
If you receive a ticket with a fine, expect to be charged the following amounts.
| Fee | Offence |
|---|---|
| $400 to $2,000 fine, up to six months in jail, six demerit points, and a possible licence suspension of up to two years | Careless driving not causing bodily harm |
| fines from $2,000 to $50,000, up to two years in jail, six demerit points, and a licence suspension of up to five years | Careless driving causing bodily harm or death |
Is Careless Driving a Criminal Offence in Ontario?
Careless driving is not a criminal offence in Ontario, and you won’t receive a criminal record if found guilty. However, a non-criminal charge can still have significant consequences, such as hefty fines, a driver’s licence suspension, and possible jail time.
In addition, a careless driving ticket will stay on your driving record for at least three years. See how to deal with a traffic ticket in Ontario if you received one recently.
How Careless Driving Affects Your Insurance
Careless driving tickets can significantly affect your insurance premiums. Even on your first offence, insurance premiums can increase significantly, and drivers may be placed in a high-risk insurance category.
In some cases, insurers might cancel your policy altogether. These cancellations can make it challenging for you to get insurance from other companies. Should you be lucky enough to find one, expect your premiums to be higher than average.
Take, for example, how speeding tickets can affect your insurance. On average, insurers increase rates between $20 and $60 monthly for speeding roughly 15 km/h over the legal limit. These traffic ticket prices are $3 per kilometre over the speed limit.
One way to prevent rate increases is to apply for a conviction protection endorsement. However, remember that this protection can keep you locked in with your insurer until the ticket is off your driving record.
How to Counter a Careless Driving Charge
While it’s possible to get your careless driving charge withdrawn or your ticket dismissed, the process can be complex. However, you have the legal right to go to trial, review the evidence, and plead your case.
To counter a careless driving charge, follow these steps.
- Refuse to settle your fine. Instead, take the ticket and go to trial.
- File your ticket with a local court within 15 days of receiving the charge.
- Request the officer’s notes regarding your charge for review.
- Prepare for trial. Hire a lawyer with experience in auto insurance law.
- Go to court on the appointed date.
Key Advice from MyChoice
- Consider fighting the charge if possible. In some cases, careless driving charges may be reduced to lesser offences, which can significantly reduce the impact on your insurance.
- Compare insurance quotes if your premiums increase. Insurers assess driving convictions differently, so shopping around may help you find a more affordable policy.
- Drive cautiously after a conviction. Maintaining a clean driving record moving forward can help lower your premiums once the conviction falls off your record.