Did you just receive a careless driving ticket from a police officer, and are you searching the web to see what kind of trouble you got into? Our team carefully reviewed section 130 of the Highway Traffic Act to review penalties and fines for careless driving and looked into our quote database to see what kind of insurance pricing implications careless driving may have for drivers in Ontario.
Keep reading to learn about the fines, demerit points, how they affect your rates, and whether it’s worth fighting your ticket in court.
What Happens if I am Charged with 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, careless driving that does not cause bodily harm carries a fine of $400 to $2,000, jail time of up to six months, and a licence suspension of up to two years.
Causing Bodily Harm
Per section 130(3) of the Highway Traffic Act, careless driving causing bodily harm or death carries a fine of $2,000 to $50,000 and jail time of up to two years. Drivers can also have their licence suspended for up to five years.
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
Penalties and Fines in Ontario
In Ontario, careless driving has some of the heaviest penalties for breaking road laws. Below is a breakdown of the consequences of careless driving.
Careless Driving Tickets
Police can issue two types of careless driving tickets:
- Without fine: Police officers 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: Officers 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.
At 9 to 14 points, a fully licensed driver is sent a warning letter and may be required to attend an interview with the Ministry of Transportation to explain why the licence should not be suspended (the interview fee is $50). At 15 or more points the licence is suspended for 30 days on a first suspension.
Ticket Fines
If you receive a ticket with a fine, expect to be charged the following amounts.
| Offence | Fine | Jail | Demerit points | Licence suspension |
|---|---|---|---|---|
| Careless driving, no bodily harm (HTA s. 130(1)) | $400–$2,000 | Up to 6 months | 6 | Up to 2 years |
| Careless driving causing bodily harm or death (HTA s. 130(3)) | $2,000–$50,000 | Up to 2 years | 6 | Up to 5 years |
How It Affects Your Insurance
Careless driving tickets can significantly affect your insurance premiums. Even on your first offence, insurance premiums often rise sharply, 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 harder for you to get insurance from other companies. Should you be lucky enough to find one, expect your premiums to be higher than average.
Our own numbers show the direction and rough scale. According to MyChoice’s quote database of more than 100,000 Ontario quotes collected since 2020, drivers with a careless driving ticket on their record see an average increase of 85% in their premiums, which is almost as bad as getting into an at-fault accident, which usually doubles your rates. A careless driving conviction is more serious than a routine ticket and can place drivers in a high-risk insurance category.
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 carry serious 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.
Careless Driving vs Dangerous Driving: What’s the Difference?
The primary difference between careless and dangerous driving is intent. Careless driving is normally treated as a provincial traffic offence rather than a Criminal Code offence.
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.
How to Fight a Potential Ticket in Court
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. Consider hiring a licensed paralegal or a traffic-ticket lawyer — in Ontario, paralegals are licensed to represent you on Highway Traffic Act charges like this one.
- Go to court on the appointed date.
You should try dealing with the charge before it ever reaches your insurance record. A careless driving conviction sticks to your record for three years and lands you in the priciest tier of our Ontario data, so it’s often worth having a licensed paralegal try to get it reduced to a lesser offence. If a conviction does stand, re-shop at renewal rather than accepting your current insurer’s surcharge.