Dangerous driving and careless driving are easily confused – but very different in terms of their consequences for Ontario drivers.
It is important to understand the differences as one of these charges can leave you with a lifelong criminal record that will show on background checks for employers, landlords, and so on.
If you are charged with either offence, be clear on the potential consequences and seek the assistance of an experienced driving offence lawyer at Affordable Defence in Ottawa.
Dangerous driving charges in Ontario
Dangerous driving is a criminal charge prosecuted by the Crown under the Criminal Code while careless driving is a non-criminal charge prosecuted under the Ontario Highway Traffic Act.
Dangerous driving can occur in areas with high foot traffic, like schools, parking lots, or shopping malls, though the presence of others is not required for the offence. To prove the charge, authorities must show that the driver knowingly or should have known their actions could harm others.
The charge escalates to dangerous driving causing bodily harm or dangerous driving causing death if injury or fatality occurs, leading to more severe penalties. With dangerous driving, your photograph and fingerprints are taken and you will have a police file.
Dangerous driving charges can result from a variety of reckless actions on the road, including:
- Excessive speeding or racing: Driving at speeds well above the posted limit or engaging in street racing.
- Driving under the influence: Operating a vehicle while impaired by drugs or alcohol.
- Distracted driving: Using a cell phone, eating, or engaging in other distractions while driving.
- Aggressive driving: Behaviours such as tailgating, weaving through traffic, or aggressive lane changing.
- Ignoring traffic signals: Failing to stop at red lights or disregarding other traffic signs.
- Failure to yield: Not giving right-of-way to pedestrians or other vehicles when required.
- Reckless or careless driving: Making unsafe decisions that endanger others on the road.
- Driving with mechanical issues: Operating a vehicle with malfunctioning components that impair safety, such as faulty brakes or worn-out tires.
- Neglecting vehicle maintenance: Failing to maintain the vehicle properly, which can cause hazards while driving.
Careless driving charges in Ontario
A careless driving conviction will land you with a traffic ticket. That’s not to say you can take it lightly – you could still end up with a jail term, but a fine is more likely.
However, you will not end up with a lifelong criminal record like with a dangerous driving conviction.
Careless driving involves neglecting traffic rules and failing to drive with due care or attention. The law is broad, allowing police officers discretion in interpreting violations. Common offences include:
- Tailgating or following too closely
- Turning before the amber light turns red
- Rear-ending another vehicle
- Failing to check mirrors before changing lanes
- Unsafe passing or lane changes without signalling
- Talking or using a cellphone while driving
- Speeding while changing lanes on the highway
- Distracted driving, such as reading a newspaper in traffic
These violations can result in a careless driving ticket and potential penalties.
For careless driving, a provincial prosecutor will need to prove that:
- The offence occurred on a roadway in Ontario
- You drove without “due care and attention or without reasonable consideration” for other road users
- You were driving a motor vehicle as defined by the Highway Traffic Act of Ontario
Note that no intent or injury to another person is necessary for a careless driving conviction.
The law recognizes that people make honest mistakes on the roads. So, a momentary lapse in concentration while driving may not be enough for a careless driving charge.
In a Supreme Court of Canada case from 2008, it was declared that dangerous driving requires a “marked departure” from normal driving conduct.
However, exercising due consideration for other road users is a matter of public safety and is expected at all times.
Penalties for dangerous driving charges
The penalties associated with a conviction for dangerous driving may include:
- A prison sentence of up to five years (up to 10 years if injury results and 14 years if your actions result in the death of another individual)
- A mandatory criminal driving suspension of one year for a first conviction (longer for subsequent convictions)
- A substantial fine
- A period of probation
These are the immediate punishments. The longer-term effects include a criminal record that can restrict your rights and freedoms in the future and higher insurance premiums for at least the next five years.
Penalties for careless driving charges
The penalties associated with careless driving may include:
- A fine of between $400 and $2,000 (or double this in some specific locations)
- A possible six-month jail term
- A licence suspension of up to two years
- Six demerit points (which remain on your license for three years)
In reality, jail time is rarely served with a standard careless driving conviction. Plea bargains with the prosecution are common and an experienced traffic offence lawyer will attempt to downgrade the charge and minimize the consequences for your future.
Since 2018, however, a more serious offence of careless driving causing bodily harm or death has been added to the Ontario Highway Traffic Act.
This can lead to the following penalties:
- A fine of between $2,000 and $50,000
- A possible two-year jail term
- A licence suspension of up to five years
- Six demerit points (which remain on your license for three years)
Dangerous driving and license suspension in Ontario
As you can see from the penalties associated with dangerous driving and careless driving, serious breaches of the Ontario Highway Traffic Act or the sections of the Criminal Code relating to actions on the road will result in a licence suspension of some duration.
A conviction for dangerous driving under the Criminal Code will generally mean a license suspension of one year for your first conviction, increasing for subsequent convictions up to a lifetime ban.
If you are convicted under the Criminal Code, the offence will remain on your driving record for 10 years.
How to fight a dangerous driving charge in Ottawa
The circumstances of every traffic offence are different. The details are exceptionally important in every case.
That’s why a defence for a dangerous driving charge in Ottawa starts by sitting down with one of our traffic offence lawyers and going over what happened before, during and after the incident.
We will examine all of the evidence against you in fine detail. Even if there is substantial evidence, you have a good chance of escaping a conviction with our experience in these cases.
Law enforcement frequently make errors during the arrest and charge process that can lead to evidence being inadmissible and the case dismissed. Factual evidence can also often be questioned, as can the intent of the driver in dangerous driving cases.
Frequently, dangerous driving charges can be downgraded to careless driving with no criminal conviction.
If you or a loved one has been arrested and charged with a serious driving offence in Ottawa, contact one of the experienced criminal defence lawyers at Affordable Defence for a free initial consultation.