Careless Driving

Careless driving charges can result from any number of events: operating a vehicle unsafely, speeding excessively, or making unsafe maneuvers on the road. Most commonly these charges follow an event resulting in an accident. The impacts of these charges on an individual’s driving record and insurance premiums are very serious.

 

The Impacts on Insurance:

Every Insurance company has its own policy when dealing with careless driving charges, but collectively view these charges as serious. In most cases this will lead to dramatic premium increases and in some cases termination of your policy. In addition to serious penalties, if you are convicted of careless driving, your insurance company can also refuse to pay your claim; leaving you to pay out of pocket for any damages.

If someone is deemed a “high risk driver” they may end up having their policy cancelled and then having to seek out specialty high risk insurance which as you can imagine, is extremely costly.  Thoroughly read through your policy wording to review what charges can void your coverage.

Categories of Careless Driving:
  • Careless driving NOT causing bodily harm or death: Section 130(1) of the Highway Traffic Act

The definition as per the Highway Traffic Act:

130(1) “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”

If you are charged under this section, you will either receive a ticket on the side of the road whereby it becomes your choice if you decide to contest the ticket, OR you will be given a summons to attend a court date and address the charges against you.

The penalties under Section 130(1) are:

  • Minimum fine of $400 dollars and a maximum fine of $2,000 dollars.
  • Carries 6 Demerit Points
  • Possible two (2) year license suspension.
  • Can carry a jail sentence of up to six (6) months.
  • Automatic suspensions for G1, G2, M1 and M2 license holders.
  • Increased premium or cancellation of your insurance policy.
  • Careless driving CAUSING bodily harm or death: Section 130(3) of the Highway Traffic Act

The definition as per the Highway Traffic Act:

130(3) “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 a highway and who thereby causes bodily harm or death to any person”

If you were charged under section 130(3) a summons will always be served to you which will require you to attend court and answer to the charges against you.

The penalties under Section 130(3) are:

  • Minimum fine of two thousand ($2,000) dollars and a maximum fine of fifty thousand ($50,000) dollars.
  • Carries 6 Demerit Points
  • Possible five (5) year license suspension.
  • Can carry a jail sentence of up to two (2) years.
  • Automatic suspensions for G1, G2, M1 and M2 license holders
  • Increased premium or cancellation of your insurance policy.
What to do if you receive a careless driving charge:

Simple answer… FIGHT IT!

You can fight it yourself or call a legal professional. Hiring a professional ensures you have the expertise on your side to deal with such a serious legal matter. Our team at FIX-A-TICKET have over twenty (20) years of experience dealing with careless driving charges, and we offer free consultations to help you better understand your options. Call, text or email us today and let us show you how we can help!

Person texting, drinking, and eating a burger while driving, whilst almost hitting a kid on the bicycle.