Ontario · Highway Traffic Act, s.130 (Ontario)
Careless Driving in Ontario
One of Ontario's most common serious traffic charges — 6 demerit points, a possible licence suspension, and a major insurance conviction. Often defensible on disclosure.
Tell us what you're facing.
What is careless driving?
Under s.130(1) of the Highway Traffic Act, careless driving is driving on a highway "without due care and attention or without reasonable consideration for other persons using the highway." It's a broad, discretion-heavy charge — often laid after a collision or near-miss.
There are two tiers. The base offence under s.130(2) is a serious HTA conviction. If the driving is alleged to have caused bodily harm or death, s.130(3) applies — with dramatically higher penalties, up to and including two years of imprisonment.
Penalties
| Tier | Fine | Demerit points | Licence suspension | Jail | Procedure |
|---|---|---|---|---|---|
| Careless Driving — s.130(2) | $400 – $2,000 | 6 points | Up to 2 years | Up to 6 months | Part I ticket or Part III summons |
| Careless Driving Causing Bodily Harm or Death — s.130(3) | $2,000 – $50,000 | 6 points | Up to 5 years | Up to 2 years | Part III summons |
Insurance impact
Careless driving is classified as a serious conviction by most Ontario auto insurers. Premium increases are significant and usually last several years. Repeat serious convictions frequently lead to non-renewal and placement in the high-risk market.
Licence & record impact
6 demerit points is a substantial hit to your driving record and can trigger a Ministry interview or warning on its own. A conviction remains on your abstract and follows every future insurance application, employment driving check, and cross-border screening.
How this charge is defended
Careless driving is often defensible because the charge itself is subjective — the Crown must prove driving that falls below the standard of a reasonable, prudent driver in the circumstances. We review the officer's notes, witness statements, dashcam or surveillance footage, and any collision reconstruction to test whether that standard is actually met.
Where appropriate, we negotiate for the charge to be withdrawn or reduced to a lesser offence that doesn't carry the 6 demerit points or serious-conviction insurance classification. Where trial is the right path, we prepare fully.
Careless Driving by city
Where your matter is heard depends on where the charge was laid, not where you live.
- Careless Driving in BarrieBarrie Provincial Offences Court
- Careless Driving in HamiltonHamilton Provincial Offences Court
- Careless Driving in KitchenerWaterloo Region Provincial Offences Court
- Careless Driving in LondonLondon Provincial Offences Court
- Careless Driving in TorontoToronto Provincial Offences Court
- Careless Driving in WindsorWindsor Provincial Offences Court
Careless Driving — common questions
Can I just pay the careless driving ticket?
You can, but paying is a plea of guilty. That plea is a serious HTA conviction on your record, 6 demerit points, and years of higher insurance premiums. Almost every careless driving charge is worth reviewing before paying.
What's the difference between careless driving and dangerous driving?
Careless driving is a provincial offence under Ontario's Highway Traffic Act (s.130). Dangerous driving is a Criminal Code offence with much more serious consequences, including a criminal record. Careless driving is not a criminal charge.
Will I lose my licence for careless driving?
The court can suspend your licence for up to 2 years under s.130(2), and up to 5 years under s.130(3) if bodily harm or death is alleged. Whether a suspension is imposed — and for how long — depends on the facts and the outcome of the case.
How long does careless driving stay on my record?
The conviction stays on your Ontario driving abstract for three years from the date of conviction for demerit-point purposes, but insurers typically consider serious convictions for longer periods when setting your premium.