The Careless Driving Charge - HTA of Ontario.

Careless Driving Charge Information.

Careless Driving as stated in the Highway Traffic Act (HTA)

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. R.S.O. 1990, c. H.8, s. 130.

OPP Officer Facing Careless Driving Charge.

An OPP officers is facing a charged of careless driving following a 3 vehicle chain reaction crash on Tuesday. An OPP van rear-ended two other vehicles that had slowed down while heading into Lucan because of construction. One of the drivers suffered minor injuries.
41 year old Constable Jeff Walraven was knocked unconscious and was taken to hospital with serious internal injuries. He was since been released from hospital and has been formally charged.

This charge is near the top of the list for major highway offences in Ontario and the worst charge to deal with, it is a STRICT LIABILITY CHARGE. If convicted, the monetary penalty is a fine between $200 and $900. In addition a six month jail term or licence suspension for two years may be imposed. To make matters worse, there will most certainly be unpleasant consequences when your insurance provider is informed.

That is the bad news. The good news is that I have defended about 9 Careless Driving cases in the last few years and all were found not guilty. I will elaborate on the reasons why. Unlike speeding charges, for example, the burden of proof for a careless charge is quite high because it is an opinion based charge and quasi-criminal. Courts in the past have required that the concept of "mens rea" be present. Translated, it means a guilty mind which indicates someone intended to drive carelessly.

I have seen case law, from simple rear enders to motorists and pedestrians being killed. Yet the defendants were ultimately acquitted. In my cases, my clients were involved in rear end collisions, lane changes and in one instance, a pedestrian was struck. The deciding factor in these cases was whether the events fit the legal definition of careless driving.

Many Careless Driving Charges are laid because officers are not informed on the charge itself. Also, this charge is often laid as a bargaining chip so it can be pleaded down to a lesser charge. Prosecutors can convince an uninformed defendant that they are getting a good deal because of the difficulties in proving a careless charge. This creates the illusion of a win-win scenario for everyone.

If you ever get one of these charges, be sure to consult with an expert. Don't be too quick to plea bargain or accept such a recommendation without being informed. This doesn't mean all careless charges can be dismissed since each case is unique and should be treated as such. We never take these kinds of cases lightly, because a conviction will have extreme consequences in the future for the individual.

Demerit Points

A conviction carries six demerit points. Demerit points stay on your record with the Ministry of Transportation for two years from the date of conviction. A fully licensed driver with between 9 and 14 demerits points may be required to attend an interview before a ministry official to provide information or other evidence to show cause why his or her driver's licence should not be suspended.

The Ministry of Transportation may, after giving notice, suspend your driver's licence if you fail to attend the required interview; do not comply with the Ministry's requirements as a result of the interview; or do not show cause at the interview why your licence should not be suspended.

If you accumulate 15 demerit points, the Ministry will suspend your licence. You will not get it back until 30 days from the date you surrender it or two years from the date of the suspension, whichever comes first. After further demerit-point suspensions you may not get your licence back until six months elapse from the date you surrender it or two years from the date of the suspension, whichever occurs first.

The Mental Element of Careless Driving Charge.

Legislation does not assist as to whether or not means rea must be proved to secure a careless driving conviction. In R v. McIver, the court held that the crown needs only to prove that the defendant committed the prohibited act. The crown will try his/her best to get you convicted of this offense. You have to show that your used all the necessary steps to take care and safety while driving.