CARELESS DRIVING TICKETS
CARELESS DRIVING TICKETS
Careless Driving is, without a doubt, one of the standard driving violations in Canada. Although the law does not regard reckless Driving as a criminal offense, it does affect drivers driving abstract to an extent. Every act of dangerous Driving attracts fines and an increase in demerit points. Careless Driving may also lead to the suspension of an individual’s driver’s license and an increase in insurance premiums. Such acts are often charged depending on the severity of the offense committed.
Classification Of Careless DRIVING
Sometimes there’s confusion in regards to categorizing Careless Driving. Part of the reason stems from the different interpretations of traffic law on the part of the law enforcement officer. However, Section 130 of the Ontario Highway Traffic Act define careless Driving as:
- “Every person is guilty of the offense of careless driving if they drive an automobile on a motorway without due care and attention or reasonable consideration for the other person using the road.”
- I am driving carelessly without due care and attention.
- I do not have reasonable consideration for the other person using the highway.
Common Careless Driving Acts
Here is a list of the common careless driving act:
1. Safe Trailing Distance
This is a rule of thumb that every driver should maintain while driving. The law is simple; drivers should maintain at least two seconds driving distance behind any vehicle that is directly in front of their automobile.
2. Traffic Signals
Failure to adhere to traffic light indicators is a traffic violation that is liable to punishment. The three traffic lights stand for different commands which the automobile driver must follow.
Red Light: The Red Light indicates ‘Stop,’ which means vehicles should remain stationary.
Yellow Light: the yellow Light indicates ‘Get Ready.’ It warns drivers that the signal is about to switch to Red. In cases where the RED And YELLOW are displayed together, it signals that the traffic light is about to change to Green.
Green Light: The green Light stands for ‘Go.’
3. Driving Over The Speed Limit
The law regarding speed limits in Canada diversely differs from province to province. As observed, many of the laws relating to speeding depend on the jurisdiction or category of the road. Also, speed limits vary from one region to another.
The highest speed limit in most provinces in Canada is 100 of 110Km/h. The general statutory speed limits in Canada is 80 km/h in rural areas and 50 km/h in urban areas. The statutory speeding permitted for the school zone is 30 to 40 km/h in urban areas and 50km/h in rural areas.
Note that the statutory speed limits are default limits set by statute in different provinces. They are only applicable on roads without posted speed limits. For streets where you see the dash signs (-), it means there is no statutory limit, and you should follow the road limit posted on the roadside.
4. Improper Overtaking Or Bypassing
Overtaking is the act of a vehicle going past another automobile ahead, often because they may be driving slowly. A standard highway should have a passing lane, apart from the road shoulder, which is on the left side. On a single carriage road, the overtaking lane is often the same lane with a path for oncoming vehicles, and it is always advisable if you want to overtake, you should do so only on long straightaways with plenty of visibility. In some provinces, motorists identify the overtaking zone with a single ‘broken’ centerline, which is often yellow or white.
Perhaps you are confused if overtaking can be considered Reckless Driving or not. It is essential to know that the traffic rules vary by province. Here is a list of simple guides for overtaking while avoiding Reckless Driving.
- Ensure you overtake only on the opposite side of the appropriate traffic direction.
- The road must be broad enough without any hindrances.
- You should not overtake where there is a crossing lane.
- Overtaking is forbidden where there is a pedestrian crossing mark on the road.
- Overtaking on a two-way carriage might be dangerous.
- Notify the driver ahead of your intention to overtake with your flashlight.
- Ensure no following driver wants to overtake you.
5. Texting Or Calling White Driving
Texting and Driving is a common dangerous driving act which is punishable under the Ontario Ministry of transportation law. According to Bill 31 of the Ontario Ministry of transportation, “It is illegal to talk, text, dial or email using a hand-held phone or other portable communication/entertainment devices while driving.
You must be careful using your phone for text messaging, emails, texts, calls, games and so on. According to reliable sources of research, there is a record of over 330,000 injuries on the roads. Experts attribute the majority of these numbers to the result of Texting and Driving. It’s a known fact that more than ten children die because of this reckless driving act.
Penalty For Texting And Driving
The current laws relating to distracted Driving has empowered the highway traffic officers to pay close attention to motorists on our roads. A police officer may take severe action if the officer finds you using a cell phone or doing anything deemed distractive while operating a motor vehicle. Breaching this is a punishable offence according to the Ontario laws. It attracts a minimum of a $490 fine plus 3 demerit points. You might also be liable for more significant penalties if found guilty of Careless Driving, i.e., engaging others while texting and driving.
Dangerous Driving VS Careless Driving
Here, we’ll delve into the difference between dangerous Driving and Careless Driving, as recorded in the Criminal Code of Canada as well as the Highway Traffic Act conclusively.
Often, many drivers confuse careless Driving with Dangerous Driving. They think the two are the same offence; hence, they attract the same tickets.
Definition of dangerous Driving according to the Criminal Code of Canada
(1) Everyone commits an offence that operates:
“A motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition, and use of the location at which the motor vehicle operates. This includes the amount of traffic that might reasonably be expected in that location.”
Definition of careless Driving according to Section 130 of the Ontario Highway Traffic Act
“Every person is guilty of the offence of careless driving who drives a vehicle or streetcar on a highway without due care and attention, or without reasonable consideration for the other person using the highway.”
A detailed explanation of the two terms according to the two quoted books of laws
- Jurisdiction: ‘Dangerous Driving’ is written in the Criminal Code of Canada while ‘Careless Driving’ is an activity found in the Highway Traffic Act – a provincial statute.
- Application: Careless driving tickets are only applicable to the roadway. It does not include parking lots, private roads and driveways.
- Penalties: The penalty for Careless Driving is a little more lenient, unlike the one for Dangerous Driving. Culprits of reckless Driving are often liable to fines and other punishable offences, while the sentence for Dangerous Driving is a criminal conviction.
Types Of Careless Driving Ticket
The penalties and fines for careless Driving most often based on the severity of the situation that leads to your ticket. There are two major types of negligent driving ticket:
- Reckless Driving with a fine: If an officer issues you a ticket leading to a fine. The expectation is that you pay an amount of money, depending on the type of offence. You could, therefore, attract six demerit point on your driving record. When you pay a traffic ticket fine, it means you have accepted that you are guilty of an offence.
- Careless Driving without a fine: You get a reckless driving ticket without a fine when you have committed a serious offence. Under these circumstances, you are likely to receive a hefty penalty. There is a high expectation that the system may suspend your license, or you may face a jail term for severe offences.
Impaired Driving In Canada
Impaired Driving is a dangerous driving act which is liable to punishment under the Criminal Code of Canada. It is an act of driving while still being under the influence of drugs or alcohol. Canadian law classifies impaired driving as a criminal offense under the Criminal Code of Canada. The level of penalties a driver receives depends on the severity of the harm caused by the impaired driver.
The parliament and the provincial legislatures are the bodies responsible for the safety of roads when it comes to Drunk Driving. The law subjects drivers who are found guilty of impaired Driving to the prohibition of the Criminal Law (federal law) and suspension of driving license by the provincial legislation.
Break Down Of Penalties For impaired Driving
Drivers are guilty of any impaired driving crime (including refusal to comply) mostly subjected to automatic Canada-wide driving prohibition, coupled with a penalty, jail sentences, or probation.
- First offense: A fine of $1000 and a 12-month driving prohibition
- Second offense: 24 months driving prohibition and 30 days in jail
- Third or subsequent offense: 36-month driving provision and a jail term.
Careless Driving And Its Effect On Insurance
Careless driving tickets can have adverse effects on your insurance rate, and this is why most drivers always want to challenge their reckless driving tickets. Perhaps, you are still comfortable with the penalties at the provincial and the parliament level; an increase in the insurance rate is not something you would like to face.
- Increase in Insurance rate: There is a high expectation that your insurance rate will increase if you are found guilty of the careless driving rule. As a result, this might go as high as 100%, depending on your insurance company.
- Loss of insurance coverage: Some insurance companies might cancel or refuse to renew your auto insurance coverage after your current insurance policy expires.
- Labeled as a high-risk driver: Having a careless driving charge on your driving record is always a sign of the high-risk driver, and you might struggle to find another auto insurance company that will ensure your vehicle. If you do, expect your rate to be high compared to the standard rate.
Contact us at traffictickseperts.com regarding any issues with your careless driving ticket or insurance policy.
How Long Does A Careless Driving Charge Stay?
A careless driving charge remains on your driving record for three years. Relatively, it takes the same time as a speeding ticket. The clock starts from the date of conviction.
Careless Driving With Accident
CARELESS DRIVING TICKETS
It’s a fact that even the most responsible drivers can cause accidents at times. Regardless of how a driver strives to be cautious when driving, the story changes whenever there’s a crash. For the most part, none of our efforts shift these types of offenses from reckless Driving. Careless Driving leading to a collision procures more penalties than those without accidents. Negligent drivers involved in a crash will be held responsible for the damages and injuries from the accident he or she caused.
Careless Driving involving injury can lead to a $50,000 fine, two years in jail and a five-year suspension of a driving license. It is essential to be aware that the accident often registers on your driving license as “involved in an accident.”
Careless Driving In Ontario And Its Penalties
Brief Information about the Province
Ontario is the most populous province in Canada, accounting for over 38% total population of the country. Also known as the second-largest province in Canada, located in the east-central of the country. Ontario is said to have received its name from Lake Ontario
Most Canadians observe that Ontario has the strictest reckless driving ticket in Canada. Here is a breakdown of likely careless driving tickets you will get in Ontario if you are guilty of Careless Driving.
- Point: Deduction of 6 points.
- Fines: This depends on the severity of your offense. Fines ranges from $400 to $2,000.
- Novice Drivers: 30 days of license suspension.
- Zones: Double penalty (x2) in community and construction safety zones.
- Suspension: Severe offense might attract two-years.
- Insurance: If found guilty, insurance increases to 100%.
- Employment: If you work as a driver, there is a high tendency that you will lose your job.
- Jail: You may risk a jail term of six months with severe offenses.
Careless Driving in British Columbia
Brief information about the Province
British Columbia is one of the five most populous provinces in Canada, with an estimated populace of 5.016 million people according to the last census, making it the third most densely populated province in Canada. It is located between the Pacific Ocean and the Rocky Mountains and often regarded as the westernmost province of Canada.
British Columbia, in November 2017, increased the fines for dangerous Driving and Careless Driving by 20%. For this article, we’d break the percentage down into two tickets, Driver Risk Premium and Driver Penalty point premium.
- The Costly Driver Premium: Charged on an annual basis to drivers who are guilty of speeding. It includes drivers who have had roadside suspensions or other distracted driving violations.
- The Driver Penalty Point: Charged for a collection of 4 or more points from traffic violations. The total number of accumulated points will decide the fine within a year.
Careless Driving can vary from $175 for 4 points to $240,000 for 50 plus points. Hence, a 20 % rise of %175 is %210 for 4 points and 20% of 24,000 fine is 28,800 for 50 plus points. Statistics say careless and dangerous Driving will attract another 20% by November 2019.
Careless Driving In Quebec
Brief information about the province
Quebec is the second most populated province in Canada, with a total population of 8,164,361 according to the 2016 Census. It is the second-largest province by area and the second-largest administrative division.
The governments of almost every Canadian province frowns upon careless and Reckless Driving, which often observed in areas such as Quebec, Alberta, Ontario, British Colombia, etc. You may find the definition of what we refer to as careless Driving in the Quebec Highway Safety Code, Article 327: “Any rate of speed or any action that can endanger human life and safety or property is prohibited.” This statement applies to highways under the administration and maintenance of the Ministere des Ressources Naturelles et de la Faune.
Penalties For Careless Driving In Quebec
Careless Driving in Quebec attracts hefty fines, along with demerit points on your driving record, which varies depending on the crime committed. The infraction, also referred to as “catch-all citation,” is given in different situations as it is not limited to speed trafficking.
- Overspeeding is a zone with a posted speed limit of 60Km/h attract 2 – 4 demerit points and 6 – 30 demerit points for excessive speeding and fines.
- When you fail to maintain the safe trailing distance, you’ll pay a penalty of 2 demerit points as well as fines.
- When you fail to obey traffic lights and stop signs, you attract 3 demerit points and fines.
- If you fail to give way to emergency vehicles while driving, you’ll attract 4 demerit points and fines.
- Failure to provide a breath sample in case of impaired Driving attracts 4 demerit points and fines.
- Overloading attracts 9 demerit points and fines.
Other common trafficking laws violation and fines in Quebec
- Failure to use a seat belt: Fine ranges from $200 -$300.
- No signal or wrong signaling: The driver who wrongly misuses the headlights will receive a fine of $100 – $200.
- Wrong packing space: A driver guilty of parking in the disabled people reserved parking space will pay a sum of $200 – $300 fine.
Note: Conviction for excessive drinking in Quebec will remain on your driving record for ten years, counting from the day of conviction.
Careless Driving In Manitoba
Brief information about the Province
Manitoba is one of the prairie provinces in Canada, alongside Alberta and Saskatchewan. According to the last conducted census, Manitoba is the fifth most populous province in Canada, with an estimated population of 1.3 million people.
November 1, 2018, Manitoba updated the new trafficking rule to control careless Driving and Dangerous Driving.
Careless driving rules as written in the new amendment
- Cell phone and other hand-operated electronic devices: The latest change includes three days of roadside license suspension (for the first conviction) for using mobile phones or any other hand-operated electronic devices while driving. It attracts a fine of $672 and 5 demerit points. A subsequent conviction within ten years will attract a seven-day suspension.
- Manitoba Public Insurance: Drivers convicted of careless Driving will pay $50 to MPI for license reinstatement.
Careless Driving In Alberta
Brief information about the Province
Alberta is the fourth most populous province in Canada, with a total population of 4,067,175, according to the 2016 census. Canadians regard it as the western province in Canada.
Driving carelessly in Alberta attracts demerit points, which vary on the severity of your traffic conviction. As a fully licensed driver, you’d have to accumulate as much as a 15 demerit point before the ministry suspends your driver’s permit. It’s important to know that the system keeps a log of all your demerit points for every traffic conviction. With the accumulation of your driving record, your driver’s license will be most likely to be interrupted once you reach 15 demerit points. The severity of your conviction will determine your demerit points.
A Breakdown On How Alberta’s Demerit Points Work
- 2 demerit points: You are still on point.
- 8 demerit points: You will receive a warning mail.
- 15 demerit points: Accumulation of 15 demerit points within two years will lead to immediate suspension of your license for a month.
- 2 suspensions within a year: (30 demerit points). The ministry will suspend your driver’s license for three months.
- 3 or more suspensions within two years: The Transportation Department will suspend your license for six months. Additionally, they’ll summon you before the Alberta Transportation Safety Board.
Challenging A Careless Driving Charge
You have the right to challenge a careless driving ticket if you think you can successfully convince the judge that you did not drive carelessly or dangerously and that the law enforcement officer’s assessment of the situation was wrong. However, if you are taking this course of action, you will bear the burden of proof, and you must be ready for it.
In essence, there is no 100% guarantee that you will win your careless driving ticket, but having the support and guidance of professional paralegal assistance to help fight your reckless driving ticket will increase your chances of winning. We at traffictickseperts.com are always available to help fight your charge, and we are very open to giving you adequate assistance to help you win your case.