Careless Driving - s.130 HTA

Careless Driving

Careless Driving is an offence of “Strict Liability”

This means the Prosecution need only prove the facts of the case and need not prove intent or “the guilty mind”. It is a charge open to a defence of "Due Diligence”. In other words, the defendant may give evidence that he/she acted in a manner that was reasonable and prudent.

The elements of the offence are:
  1. Driving a “vehicle” or streetcar on a “highway”
  2. Without due care and attention or;
  3. Without reasonable consideration for other persons using the highway

The offence sounds simple but can be quite complex due to the all encompassing nature of the definition.

Careless Driving Defence Issues:

  1. Weather, road and traffic conditions
  2. Nature of the defendant’s driving at the time
  3. Any unusual circumstances leading to the event in question

Careless Driving is a serious offence which is classified as a major conviction by Insurance Companies.

A conviction involves fines from $200.00 to $1,000.00 and can result in a licence suspension up to 2 years and a jail term of up to 6 months.

Disclaimer

Before deciding on how to proceed with this charge, it is important you understand the benefits of hiring a professional.

Article Contributor

This article was contributed by Fred Davies of the Belleville HELP Office. To reach your local HELP office, please see our locations page.