Careless driving tickets: what you need to know

Every year, thousands of drivers across Canada are charged with careless driving behaviours, which contribute significantly to motor vehicle accidents.

Unlike other driving violations, whether it be speeding excessively or running a red light, careless driving convictions are broader in nature, encompassing numerous driving habits that range in severity, including fines, demerit points, licence suspensions, and more.

Failing to address these charges can increase your consequences, which is why understanding what careless driving is, how it varies between provinces, and what steps you need to take when you receive a careless driving ticket are essential for every Canadian motorist. We'll walk you through these topics and more below.

What is careless driving?

Careless driving is generally defined as operating a motor vehicle without due care or reasonable consideration for other road users. We should note that the specific wording for this traffic violation varies across provinces and territories, but the notion of the offence remains the same. A provincial look at the definitions of careless driving, outlined below:

Provincial definitions of careless driving

Here's a closer look at some of the different provincial definitions for careless driving below:

Careless Driving Ontario Highway Traffic Act

According to Section 130 (1) of the Ontario Highway Traffic Act, "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."

British Columbia Motor Vehicle Act

In British Columbia, Section 144(1) of The Motor Vehicle Act defines careless driving as, "A person must not drive a motor vehicle on a highway (a) without due care and attention, (b) without reasonable consideration for other persons using the highway, or (c) at a speed that is excessive relative to the road, traffic, visibility or weather conditions."

Alberta Traffic Safety Act

Section 115(1) of Alberta's The Traffic Safety Act states, "A driver of a vehicle is driving carelessly if that driver drives the vehicle (a) without due care and attention, or (b) without reasonable consideration for persons using the highway."

Common behaviours that could lead to a careless driving charge

• Failing to check your mirror before reversing, entering traffic, or merging on the highway.

• Failing to maintain a safe distance from other vehicles. Tailgating or driving too closely to the car in front, leaving insufficient stopping distance.

• Excessive speeding in a vehicle or streetcar.

• Incidents involving cyclists or pedestrians.

• Distraction using mobile devices.

• Running a red light or stop sign — this includes the so-called rolling stop, in which a driver doesn’t come to a complete stop.

Note that careless driving is a broad term that can encompass various other unsafe behaviours not explicitly stated above.

Careless driving vs. dangerous driving vs. distracted driving

Oftentimes, careless driving is confused with other driving violations like distracted or dangerous driving. Understanding the differences between them is essential, as each has a different legal implication and penalty.

Careless driving penalties & legal consequences

Penalties for careless driving will vary between provinces. Here's a breakdown of what a careless driving charge can look like in different parts of Canada:

Careless driving in Ontario

If you are convicted of careless driving in Ontario under the Highway Traffic Act, you may be subject to the following penalties:

Standard careless driving offence

• Careless driving tickets: $400 to $2,000

• Demerit points: six

• Jail time: Up to six months

• Licence suspension: Up to 30 days for novice drivers

Careless driving causing death or causing bodily harm

• Careless driving tickets: $2,000 to $50,000

• Jail time: Up to two years

• Licence suspension: Up to five years (more serious offences)

• May have to complete community service and/or be on probation.

Careless driving in British Columbia

In British Columbia, being convicted of careless driving will result in the following penalties:

• Careless driving tickets: $368 to $2,000

• Demerit points: six demerit points

• Jail sentence: Up to six months (severe cases)

• Driver's licence suspension: Possible

Careless driving in Alberta

The penalties for careless driving in Alberta include:

• Careless driving tickets: $567 to $2,000

• Careless driving demerit points: six

• Jail time: Up to six months (severe offences)

• Licence suspension: Ppossible

How a careless driving fine affects your insurance rates

Being convicted of careless driving won't immediately impact your insurance rates until you're up for your annual renewal. Nonetheless, having careless driving tickets on your driving record can substantially impact your coverage and your rates:

Increased insurance premiums

According to Traffic Ticket Fighters, if you have pleaded guilty to a careless driving charge, you can anticipate your insurance rates to increase anywhere from 50% to 100%, depending on your previous driving history and the severity of the driving offence.

Insurance policy calculations

Another severe consequence you can be subject to if you are found guilty of careless driving is the cancellation of your insurance policy altogether. Many insurance companies in Canada will refuse to do business with drivers who are considered high-risk to insure.

High risk insurance

If your careless driving caused a car accident with other drivers who suffered bodily harm, and you plead guilty to the offence in traffic court, you may not be able to find coverage from a traditional provider.

In this case, you'd likely be required to purchase high-risk insurance that can come at a substantially higher cost.

How to fight your careless driving charge

If you've received a careless driving charge, you do have the legal right to contest the charge in traffic court. Here's what you would need to do to fight your careless driving ticket:

1. Review the careless driving ticket: Review your careless driving ticket to understand the allegations the police officer has made against you.

2. Seek legal Representation: If you believe you have been wrongly ticketed for careless driving, you may wish to hire a legal team. Most legal professionals offer a free consultation. During this initial consultation, they'll determine if you have a strong defence before moving forward.

3. Gather evidence: Once you've hired a team, they'll request all the evidence from the Crown Counsel. This may include witness statements, traffic cam footage, and more.

4. Build a defence strategy: With this evidence, your careless driving lawyer will build a defence strategy for you.

5. Attend court: On the date of your trial, the court will review your case and determine whether you have been found guilty of careless driving. If guilty of the careless driving charge and court costs, you will need to pay your careless driving fine. Depending on the severity, you may also receive demerit points on your licence, a suspension, or jail time.

Each province treats careless driving very seriously, and fines can be greatly increased if bodily harm or death occurs, or if you are a repeat offender. If you are charged with a traffic offence, you should contact a local traffic lawyer as soon as possible for legal advice.

How long do demerit points last on your licence?

How long demerit points remain on your record depends on where in Canada you committed the offence and the severity of the charge. In Ontario, demerit points can remain on your driving record for between two and six years from the date of your conviction, depending on the seriousness of the offence. For example, if you've received a careless driving charge for being on your phone, you can anticipate more severe penalties, as distracted driving is responsible for over 25% of all fatal crashes in Ontario, frequently surpassing drunk driving as a primary cause of motor vehicle deaths.

Does running a red light constitute careless driving?

Yes, running a red light is considered a careless driving offence. Red light traffic tickets are viewed as a serious offence. The registered owner of vehicles captured on video will be issued a ticket by the Ministry of Transportation. The penalties for careless driving will apply to this type of traffic ticket.

Is driving without shoes considered careless driving in Ontario?

There are no specific laws in Ontario that state it's illegal to drive barefoot. However, if you get into an accident and are found without shoes on, an officer can issue a careless driving ticket.

Can I remove careless driving from my record?

Unless you go to court and successfully prove beyond a reasonable doubt that you were not driving carelessly, you will not be able to remove the charge from your driving record. Convictions for careless driving will remain on your record for three to six years, depending on the province and the severity of the offence. The best thing you can do in this scenario is to be a good driver moving forward to avoid any other infractions.

What happens if I ignore a careless driving ticket?

Ignoring a careless driving ticket in Ontario or other provinces can lead to further consequences, including increased fines, the suspension of your driver's licence, and other legal action. If you've received a traffic ticket for careless driving, it's important to take accountability for your actions and rectify the situation to ensure you are not charged further.

Are parking tickets considered careless driving?

In Canada, parking tickets are not regarded as proof of careless driving. Parking infractions and careless driving are two different and distinct crimes. When a car is moving, careless driving usually refers to actions that put other people or the vehicle in danger, like speeding, driving aggressively, or driving while distracted. It puts other drivers' safety in danger and typically carries harsher fines.

Will a careless driving conviction show up on a background check?

Generally speaking, no. Careless driving charges are not criminal offences and are charged under provincial traffic acts, rather than the Criminal Code of Canada. In contrast, a dangerous driving charge is considered a criminal offence and will be prosecuted more severely.

Does having a careless driving charge affect my ability to travel to the US?

It depends on the severity of your offence and whether a U.S. border agent looks into your driving record at the time you are entering the United States. You may wish to seek legal advice before planning your next trip, just to be safe.

How BrokerLink can help

At BrokerLink, we help drivers with all driving records find tailored, affordable car insurance, including:

• Third-party liability car insurance

• Accident benefits coverage

• Uninsured motorist coverage

• Collision car coverage

• Comprehensive car coverage

• Accident forgiveness

Whether you have questions about your insurance rates following a traffic offence or wish to renew your policy, you can contact our insurance brokers over the phone or via email to speak with them directly. If you're simply browsing, take advantage of our free online quote tool for a competitive estimate ready within minutes.

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Careless driving ticket FAQs

What is the penalty for careless driving in Ontario?

Depending on the particulars of the incident, careless driving changes in Ontario can result in a variety of punishments, but normally speaking, they involve fines between $400 and $2,000. Six demerit points are also added to your driving record after a conviction for careless driving, which may raise your insurance costs, similar to how accidents affect your insurance. In more serious situations, especially if your conduct caused harm or death, you can be subject to a criminal record, licence suspension, and even jail time.

How long does careless driving stay on record in Ontario?

Being convicted for careless driving in Ontario normally remains on your record for three years after the offence—not the conviction date. But it can affect your insurance costs over a longer time frame—often up to six years. If you rack up too many demerit points, you could be subject to more severe punishments, such as having your licence suspended. To reduce the negative effects of a careless driving charge on your record and insurance rates, it's essential that you drive carefully and obtain legal counsel if you are facing such a charge.

Can you fight a careless driving ticket in Ontario?

In Ontario, you can dispute a ticket for careless driving. You would normally need to file for a hearing and make your case in person in order to accomplish this. Obtaining any supporting documents, images, witness statements, or additional relevant records is crucial for your defence. If you want to increase your chances of a successful defence, you might also think about getting legal counsel or representation. Be ready to defend your position and provide evidence that you weren't driving carelessly as the ticket claims. The quality of your defence and the judge's evaluation of the evidence will determine the result.

Is it worth fighting a careless driving ticket?

If you believe the ticket you received is unfair, you are entitled to fight it. While waiting for a trial date, the ticket does not go onto your insurance and demerit points are kept off your record. You may use the waiting time to review your legal options. If the officer or witnesses fail to appear for the court date, the charges may be dropped.

Is careless driving a criminal offence?

Careless driving is not a criminal offence in Canada. However, it is an offence under some provincial laws, for example, the Ontario Highway Traffic Act.

If you have any questions, contact one of our local branches.