Ottawa Careless Driving Lawyer

Although careless driving is not a criminal offence in Ontario, it is one of the most serious driving offences covered in the Highway Traffic Act.

Contesting the alleged violation with the help of a seasoned careless driving lawyer can help prevent these consequences and ensure you retain your driving privileges.

Start with a free consultation with David Anber’s Law Office to outline your legal options for contesting the careless driving ticket.

What is careless driving in Ontario?

The Highway Traffic Act (HTA) governs driving, driver’s licences, and the rights and responsibilities of road users in Ontario. Careless driving is defined under Section 130 of the HTA:

130 (1) Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway or in a specified place without due care and attention or without reasonable consideration for other persons using the highway or specified place.

Typical examples of careless driving offences include the following:

• Tailgating
• Distracted driving, such as using a handheld device
• Failing to yield or stop
• Speeding excessively in adverse weather
• Making sudden lane changes without signaling 

A police officer may issue a ticket after investigating a traffic incident or observing or receiving a complaint about unsafe driving.

Some dangerous actions behind the wheel of a vehicle can lead to a more serious conviction for dangerous driving. If criminal negligence can be proven or if someone was injured or died as a result of the driver’s careless, reckless or negligent actions, this can result in a criminal conviction and a lifelong criminal record.

In many cases, if a dangerous driving charge can be reduced to a careless driving charge through plea bargaining, this is considered a favorable result because the defendant can avoid a criminal record. 

What are the penalties for careless driving?

Although careless driving is not a criminal offence, simply ignoring the ticket should not be an option—and accepting the charge and paying the fine can have serious consequences, especially for individuals who rely on their driving privileges for their employment, study, and social lives. 

The range of potential penalties includes:

• Fines and fees, including a fine of $500–$2,500
• Six demerit points on the driver’s record
• License suspension of up to two years if the driver’s demerit point limit is reached
• Significant insurance premium increases for at least three years
• Loss of employment, especially for commercial drivers

Some of the longer-term consequences, such as a driver’s license suspension or the loss of employment, are very serious. A judge may even order a period of jail time for careless driving—but this is rare, especially if the accused has competent legal representation. 

How can our Ottawa careless driving lawyers help? 

David Anber and his team are seasoned careless driving lawyers who can help prevent the most serious consequences of a careless driving charge.

Even if the evidence against you seems overwhelming, simply pleading guilty and accepting the charge is rarely the best option considering the potential long-term implications for you. 

Several defences may be available, calling the police evidence into question. A high burden of proof is required for the prosecution to convict defendants. Many driving infraction cases are highly technical and Charter rights are sometimes carelessly breached by law enforcement.

After your free case evaluation, we will start by carefully investigating your case, examining the evidence such as police reports and witness statements for flaws, inconsistencies or Charter violations. We will check how law enforcement stopped you, collected evidence, and behaved toward you. 

During each step of the legal process, we will protect your rights and explain the procedures and available legal options.

Possible defences for careless driving

Our lawyers will work to build a robust defence strategy based on our extensive knowledge and experience of similar careless driving cases. 

Sometimes, we can negotiate with prosecutors to have charges reduced or work to mitigate the consequences through plea bargaining. Our familiarity with Ottawa’s courts, prosecutors, and judges often assists this process.

The availability of plea bargaining depends on the circumstances of the case, but an agreement to complete traffic school or defensive driving courses could result in a reduced charge of disobeying a sign, improper turn, following too closely, unsafe lane change, failure to stop for a red light or speeding, for instance. This could help the driver avoid a license suspension. 

If the case goes to trial, we will advocate for you before a judge. The main defences available in careless driving cases are:

• Misconduct or procedural errors by police officers
• Interlock exception
• Factual innocence
• Necessity
• Violation of Charter Rights
• Mitigating circumstances, such as a medical emergency, road conditions, etc.

Contact David Anber’s Law Office Today

David Anber’s Law Office has represented many people charged with careless driving and threatened with the loss of their driving privileges in Ottawa. We aim to limit the consequences for drivers charged with this offence.

To schedule a free consultation and speak with an experienced careless driving lawyer, call us toll-free at 1-888-989-3946 or contact us online.