Careless Driving is a severe offence below the Freeway Visitors Act. It’s outlined in part 130 of the Highway Traffic Act and reads as follows:
130 Each individual is responsible of the offence of driving carelessly who drives a car or road automobile on a freeway with out due care and a focus or with out cheap consideration for different individuals utilizing the freeway and on conviction is liable to a superb of not lower than $400 and less than $2,000 or to imprisonment for a time period of no more than six months, or to each, and as well as his or her licence or allow could also be suspended for a interval of no more than two years.
Additional to s. 214(1) of the Freeway Visitors Act, if the offence is in an space that has been designated a “group security zone” or a “building zone” below sections, 214(6) and (6.1) of the Freeway Visitors Act, the superb will be doubled to a most of $800.00-$4,000.00.
What kind of driving and actions are coated by the cost of careless driving?
The regulation isn’t exhaustive and Careless Driving can present itself in quite a lot of methods. These embody, however should not restricted to:
- Texting and driving,
- Failing to move safely,
- Failing to take care of secure speeds,
- Failing to concentrate to the street,
- Failing to move different automobiles safely,
- Failing to concentrate to cyclists or different drivers, and
- Failing to take correct care in every other scenario whereas driving.
Is Careless Driving a Felony Offence?
No. Careless Driving is a Freeway Visitors Act offence, and as such is ruled by the Provincial Offences Act not the Felony Code.
It’s Not Felony So I Can’t Go to Jail, Proper?
Fallacious. Relying on the circumstances, you’ll be able to obtain a number of of the next
- Insurance coverage will increase,
- As much as six months in jail,
- Lack of insurance coverage protection,
- A license suspension of as much as two years,
- A 3-year driving document from the date of conviction,
- Being labelled a “Excessive Threat Driver” which requires expensive high-risk auto insurance coverage,
- Six demerit factors (at 15 demerit factors you’ll be able to lose your license for 30 days along with every other penalties), and
- A superb starting from $400.00 – $2,000.00 (or $800.00-$4,000.00 if it’s a group security zone or building zone).
How Do I Defend Myself?
A Careless Driving cost, like a felony cost, entitles you to due course of and a trial in court docket earlier than a magistrate. Being charged isn’t the tip of the authorized course of – it’s solely the start.
You possibly can try to persuade the Crown to withdraw the cost. If unsuccessful, you’ll be able to attempt to persuade the Crown to scale back the cost to a lesser cost in alternate to you pleading responsible to the decrease cost.
Should you can not resolve the matter with the Crown earlier than the trial, you have got the precise to attempt your case in court docket. At your trial, you’ll be able to:
- Name proof,
- Cross look at civilian witnesses,
- Cross look at police witnesses, and
- Analysis case regulation and make authorized submissions
The percentages of success with any of those choices are a lot increased with the perception and steering of skilled counsel. If the Crown is searching for jail time, you want your car on your employment, or you’ll be able to’t afford years of exorbitant insurance coverage will increase – then it’s strongly instructed that you just retain competent authorized counsel.
Talk about your case with a lawyer skilled in careless driving prices below the Freeway Visitors Act.
The attorneys in our agency provide skilled authorized illustration for severe visitors offences like careless driving. You possibly can attain us 24 hours a day by calling (416) 999-9389 or complete a consultation form here
