Careless Driving
Careless driving is a provincial offence under section 130 of the Ontario Highway Traffic Act. It captures driving on a highway "without due care and attention or without reasonable consideration for other persons." Unlike dangerous driving (which is a criminal offence under section 320.13 of the Criminal Code), careless driving is regulatory — though it carries significant penalties and is one of the more serious HTA offences.
Mass Tsang's DUI and traffic lawyers regularly resolve criminal driving matters with careless driving pleas where the facts support it. For more, see our blog post on careless driving in Ontario.
Penalties
A conviction for careless driving carries: a fine of $400 to $2,000; possible imprisonment of up to six months; possible licence suspension of up to two years; and six demerit points. Where careless driving causes bodily harm or death, a separate offence under section 130(3) applies, with substantially higher fines, jail exposure (up to two years less a day), and longer licence suspensions. The aggravated form is significantly more serious.
Careless driving as a resolution
One of the most strategically important uses of careless driving is as a plea resolution from criminal driving charges. A driver facing dangerous driving, impaired driving, or over 80 may, in the right circumstances, resolve by pleading to careless driving — avoiding a criminal record, a Criminal Code driving prohibition, and the federal collateral consequences. Crown willingness to accept this resolution depends on the strength of the evidence, the driver's record, and the seriousness of the conduct.
What makes driving "careless"
Careless driving is committed where a driver fails to exercise the standard of care of a reasonably prudent driver. It does not require recklessness or wilful misconduct — momentary inattention can suffice. Examples include rear-end collisions caused by following too closely, lane-change accidents, running stop signs, and distracted driving leading to collision.
Defences
Defences include: the standard of care was met (despite the outcome); the collision had a cause unrelated to the driver's conduct (mechanical failure, road conditions, third-party error); due diligence; and identification issues. Where the careless driving charge accompanies criminal charges, defending one can affect the other.
Related glossary terms
