Traffic Tickets - Careless Driving Definition

Careless Driving is defined as,

"Every person is guilty of the offence of careless driving and 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 $200 and not more than $1,000 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."

The penalty for Careless Driving also includes six (6) demerit points issued by the Ministry of Transportation, and serious insurance implications.

Although Careless Driving may be considered driving recklessly, it also can be defined by the police and courts as not driving carefully, being distracted momentarily, or not paying enough attention to your driving, especially if an accident occurs, "driving without due care and attention".

Or a Careless Driving charge may be defined as, the driver was "driving without consideration for other drivers using the roadway".

As with any traffic ticket the Police and Prosecutor have to prove a Careless Driving charge "beyond a reasonable doubt" to the Justice of the Peace before a conviction can be entered. Meaning the Justice of the Peace must be one hundred percent certain the motorist committed the traffic offence before they can enter a conviction to the charge.

The police are required to prove all the essential elements of careless driving described in section 130 of the Ontario Highway Traffic Act. If the prosecution is not able to prove the charge beyond a reasonable doubt the Justice of the Peace should dismiss the charge.

At trial the police officer will have a government appointed Provincial Prosecutor to assist them as legal counsel. Some Provincial Prosecutors are actually lawyers. It is equally important that the defendant to be likewise well represented or they risk being convicted and receiving any of the serious penalties described above.

A careless driving charge should not be represented by person without experience and legal training in court. Drivers should use caution before considering to represent themselves for a Careless Driving charge. Any driver who attempts to represent themselves in traffic court on a charge of Careless Driving will find that the government has "stacked the cards" against them. A driver is always recommended to seek the assistance of OTT Legal Services.

The Provincial Prosecutors are trained professionals who represent the interests of the municipality/city, their job is to prosecute and convict the driver of the Careless Driving charge.

Most Prosecutors are extremely fair individuals, however they are not in court to help you to win your charge. The Prosecutor is the legal representative or lawyer for the police and the city. It is their job to register a conviction to the charge against the motorist, convicting them of the offence.

If you appear in court on your own on a Careless Driving charge you risk being convicted of the charge and face the serious consequences of a conviction. If you do represent yourself and something goes wrong in your case the consequences can be serious and very difficult to correct.

As with any traffic ticket, the prosecutor always has to prove the who, what, when and where of the case. With any Careless Driving charge as a result of an accident, sometimes when the driver represents themselves at court sometimes they actually help the prosecutor to win the case.

By personally appearing in court the defendant, (person who is charged with the traffic ticket) provides the "who" also known as the identity evidence.

All the prosecutor has to do is ask the witness who came to testify against you, who caused the accident whereupon the witness would point at the defendant, completing the "identity evidence".

By appearing in traffic court sometimes the defendant actually helps to convict himself! Get legal advise to win your case, and call OTT Legal Services.

Why Risk Losing? Call For a Free Consultation 1-888-668-8946 or Email Your Request