Why did I get a Careless Driving Ticket?

Why was I charged with Careless Driving?

Many people we encounter, don’t always understand why they were charged with Careless Driving, for a minor fender bender.

Careless Driving, after all is a very serious traffic ticket.  But it is best not to despair if you have received a Traffic Ticket charge for Careless Driving.

The following information may answer some of the questions you may have about Careless Driving.

To begin with, Careless Driving is laid against driver’s for a variety of reasons. From simple fender benders, to serious fatal collisions.

The charge can also be laid for a variety of minor to serious accident scenarios. But, it can also be laid against you even when you haven’t been involved in an accident.

So, now you may be wondering, how can that be?  How can a charge of Careless Driving be laid against a driver for everything from a serious, or a minor collision, to no accident at all?

The short answer is, the Police can charge drivers for accidents they perceive to have been caused by a lack of due care and attention. Or where they perceive you were driving without reasonable consideration for others using the highway, or for both reasons.

Think of Careless Driving as a blanket charge, that can be used in a variety of different scenarios. An accident does not need to occur, for you to be charged with this offence.

However, it is a charge that is regularly laid against the majority of drivers, whenever they are involved in collisions in Ontario.

I do not think I was Driving Carelessly!

Sometimes accidents are just accidents, and no one is to blame. In other situations, accidents may well have been caused by a driver. But that doesn’t automatically make you guilty of Careless Driving.

There are so many factors and variables to consider in each situation or accident, and those factors will need to be assessed & considered to the most relevant & leading Case Law in Ontario and Canada.

So while you may have been involved in an accident, and you may think you could be found to be at fault. You may not actually be at fault, for violating the Highway Traffic Act, relevant to a charge of Careless Driving.

It really comes down to a case by case analysis, but you would be wise to consult with a an experience & Licensed Paralegal.

Lighthouse Legal Services would be pleased to offer you a *FREE consultation, so that you can learn more about your options.

Should I Speak to the Police?

That is entirely your hoice. You have a Charter Right to Remain Silent, but if you choose to speak to the police, you should know that anything you say can be used against you in Court.

So if you are charged for instance with Careless Driving, your statement can be used against you at Trial.

In my experience, the majority of Defendants who give a statement, without first obtaining advice from a trained and licensed Paralegal, can end up receiving a ticket for Careless Driving.

The Officer told me to fight my Ticket?

It can be a confusing process if a Police Officer hands you a ticket, and also advises you to go to Court fight it.  I can’t give you an explanation as to why this occurs, but in my opinion, I believe that the Police Officers understand the seriousness and potential consequences of laying a Careless Driving charge.

And simply paying the amount on the ticket, and not successfully defending against the charge could result in you being dropped by your insurance provider, and also possibly placed into high-risk category for future vehicle insurance.

During most traffic stops, the Police Officers do take the time to explain to you the options laid out on the back of the Traffic ticket. But be mindful, that no Defendant should be taking legal advice from the Police, since they are in the business of law enforcement and will be trying to convict you if they charged you.

It is important that you Seek proper legal advice if you have been charged with Careless Driving to explore what your legal options are available.

Why should I Hire You if I’ve been charged with Careless Driving?

Your Traffic Ticket charge(s) could be quashed, stayed, acquitted, or dismissed by the Court, depending on a variety of factors.

You are going to have a much better chance of successfully defending, or winning at Trial, against the very serious charge of Careless Driving,  if you have retained an experienced and qualified legal representative.

Knowing how to get a positive result can be the key to preparing, presenting & achieving a successful defence against a charge of Careless Driving, or appealing a conviction.

At Lighthouse Legal Services, Brian Morris is considered the Best Advocate for Careless Driving Trials, and Appeals. His defence arguments and successful Trial decisions in Traffic Court have previously led to the Court creating case law for Careless Driving cases throughout Ontario.

Those case law decisions are binding on the lower Courts to follow in the appropriate circumstances.

At Lighthouse Legal Services

  • We know the laws, procedures, and rules of the Court
  • We know how to develop the best possible strategies to achieve success
  • We know what questions to ask, & how to ask those questions
  • We have Case Law expertise, and will thoroughly research all major rulings that relate to Careless Driving, and the case law that relates to Provincial Offences Trials
  • We strive to capably represent & protect your  Charter of Rights
  • We competently identify case issues

If you have been charged with Careless Driving,

Contact us today for a Free consultation.

Careless Driving

Lighthouse can help you fight your Careless Driving Ontario charge

Lighthouse has the crucial experience for defending your Careless Driving offence in Ontario. Lighthouse Legal Services is known for going the extra mile, from summonsing civilian witnesses to preparing a book authorities to hiring expert witnesses. Lighthouse Legal Services has fought careless driving tickets from the trial stage up to a successful appeal.

Lighthouse Legal Services will work vigorously on your behalf, doing everything possible in order to eliminate the charge of Careless driving, and if we are unable to do so, will work to reduce the damage of the charge, through negotiation and resolution. It will be uppermost in our efforts to use our experience to ensure that any fines are as low as possible, and we will work relentlessly to protect you from accumulating any demerit and CVOR points, where applicable.

Lighthouse Legal Services offers a Free 30 minute initial Consultation on how to fight your Careless Driving traffic ticket.

We have the experience to help you!

Careless Driving Ontario
Most accidents will result in a careless driving charge.

Careless Driving Definition

s. 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 $400 and not more than $2,000 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.  2009, c. 5, s. 41.

Careless Driving Penalties

Careless Driving is found under Section 130 of the Highway Traffic Act.  It is considered a very serious offence, which carries a minimum traffic fine of a $400, which can go up to $2,000, or you can receive a sentence of up to 6 months of imprisonment, or both; and up to 2 year driver’s license suspension.

How Will Careless Driving Affect My Insurance

Paralegals and Lawyers can not give you an estimate regarding the impact of your auto insurance rates. But it is widely known, that Careless Driving charges are considered to be a serious offence, which could lead you to being dropped from your current insurance provider, and placed into high risk facility insurance rates. Some driver’s have been known to pay upwards of $10,000 a year for high risk insurance, but it varies from different auto insurance providers, and its based on their calculations.

Accidents

Careless Driving is issued in most accident situations and rear-end collisions. This traffic violation can also be laid for serious collisions resulting in a fatality or bodily harm, and for situations when accidents do not even occur.

Fatal Accidents Caused By Careless Driving

Careless Driving fatality accidents investigations are usually conducted my accident investigators with different level of experiences. There are 4 different levels of accident reconstruction investigators, with level 4 being the most experienced. It is important to have specific knowledge and experience when conducting legal service defences for fatal accidents involving Careless Driving charges.

Fatal Accidents Penalties

(4) On conviction under subsection (3), a person is liable to a fine of not less than $2,000 and not more than $50,000 or to imprisonment for a term of not more than two years, or to both, and in addition his or her driver’s licence or permit may be suspended for a period of not more than five years. 2017, c. 26, Sched. 4, s. 17.

We attend the following Court in Ontario: Barrie, Belleville, Blenheim,  Brampton, Burlington, Cambridge, Caledon, Collingwood, Goderich, Hamilton, Kitchener, Kingston, London, Milton, Mississauga, Newmarket, Ottawa, Oshawa, Peterborough, Richmond Hill, Stratford, Toronto, Wasaga, Whitby, Windsor, Woodstock

When you call Lighthouse to fight your Careless driving ticket, you can expect:

  • A paralegal who has won countless careless driving trials
  • Over 5,000 cases successfully defended
  • Thorough communication every step of the way

What we offer:

  • Free Consultation
  • Answer your questions
  • We give you a flat fee rate, with no hidden costs
  • We file the ticket for trial
  • We order disclosure and review the evidence
  • We also analyze the Motor Vehicle Collision Report with a Codex
  • We undertake the necessary case law research
  • We contact you prior to the trial to discuss strategy
  • Appear on your trial date, and conduct a trial if necessary

Contact Us for a FREE Consultation

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