Perhaps one of the legally interesting allegations in HTA is careless driving. That is a conviction where fines could range from demerit points to incarceration in worst-case scenarios. Careless driving ticket in Toronto can be a costly affair.
Two versions of traffic tickets exist for careless driving in Toronto:
The first type involves a traffic ticket with a set fine, providing you with the option to choose whether to contest the ticket in court.
The second type is a ticket without a set fine, commonly referred to as a summons. In this case, a court date is specified on the ticket, and you are obligated to attend court to address the charges against you.
Section 130 of the Ontario Highway Traffic Act defines careless driving as operating a vehicle without the appropriate care and attention or without reasonable consideration for other users of the road. Various actions can lead to careless driving tickets in Toronto. These include following too closely, attempting to turn at an intersection before the amber light signal turns red, coming into contact with another motor vehicle from the back, neglecting to check mirrors before a maneuver, unsafe passing, talking and holding a cell phone while driving, and changing lanes on the highway without signaling and speeding simultaneously. Each of these behaviors can result in legal consequences under careless driving regulations.
Case law points out that strict liability offences such as careless driving lets defendant to argue primary defence of due diligence in careless driving trials. The due diligence defense is perhaps the most robust argument against a careless driving ticket.
During a trial for careless driving in Toronto, if the accused can demonstrate with a preponderance of evidence that reasonable measures were taken to avoid committing the offense or that exceptional circumstances/conditions may have played a role in an accident or driving conduct, the presiding decision-maker may consider the action as innocent.
How to get a careless driving ticket dismissed?
Never plead guilty
Never pay the fine
Within 15 days file the ticket
Make sure to request for disclosure and officer’s notes
Get ready for the trial on the court date and argue your point
The courts are required to establish your commission of this act beyond a reasonable doubt; failure to do so constitutes grounds for dismissal. Opting for a trial has the benefit of preventing the ticket and demerit points from being recorded during that period. Only upon a guilty verdict will the ticket and demerit points be reflected on your driving record. Given the severity of the charge, we strongly advise consulting with a paralegal.
