Is Careless Driving the same as Dangerous Driving?
No. In Ontario Careless Driving is a Highway Traffic Act offence, s. 130. It involves driving without due care and attention. Since it is not criminal there is no ‘intent’ required for the offence. The driving is measured on an objective standard, but subjective due diligence defences are available in the right circumstances. It is a 6 demerit offence and a ‘major’ for insurance companies. It must be fought, if you are facing one, please call 1-866-801-8299 for a free no obligation consultation. If a part I Ticket, then there is no risk of jail time; if the matter proceed by way of Part III summons then jail time is a possibility.
Dangerous Driving is a Criminal Code (Federal) offence and penalties can include large fines, license suspensions, jail time… Intent to drive in a dangerous fashion is a required element of the offence which the Prosecution needs to prove. We fight these charges too; if you or someone in your care is facing one please call 1-866-801-8299 for a free consultation, again without obligation.
When do careless driving offenses get removed from your record? I understood 3 years. Is it 3 years from the court date or the date the ticket was given?
Hi Bob,
Charges do not get removed from your abstract, however demerits are removed after 2 years and as a rule of thumb Insurance Companies are understood to normally be concerned about 3 years, however serious offences could haunt you longer – only the Insurance company can tell you for sure how they will treat prior convictions. To avoid alerting them to your own charges, you may wish to make an anonymous inquiry via a different Broker with the same company. If they are already aware of the charge, then ask your Agent/Broker.
Should you ever be charged again, please contact us, toll free, at 1-866-801-8299, we are almost always able to eliminate Careless Driving charges; you should never just pay these tickets without consulting a professional.
Best Regards
Kevin