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How to Fight Careless Driving Ticket on the Highway

Inquiry:

I hit a car ahead of me on the highway 401. It was raining and the roads were slippery. The car ahead hit its breaks hard for no reason. I tried to stop, but slid into the back of him. My car was a write off, the other guy’s car didn’t seem so bad. No real injuries but I got a ticket for driving carelessly which I don’t think I was. So here I am and I need to know what to do with this thing now.

 

Response:

I’m glad to hear that there were no serious injuries. If you have been charged with Careless Driving under section 130 of the Highway Traffic Act, you are facing a potential 6 demerit point penalty if you are convicted. Generally a Careless Driving conviction will also have a large impact to your insurance rate and could result in having to seek out high risk insurance coverage.

Highway Traffic Act section 130 states:

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. 2009, c. 5, s. 41.”

 

Fortunately the higher fines, jail, and court issued licence suspension generally only apply to matters where the charge has been issued on a summons in contrast to a standard (“Part 1”) ticket. A summons can be distinguished by having a court date already listed on it and will generally say “SUMMONS” on the top of the document.

While a Careless Driving ticket will generally not result in a licence suspension being issued by the court, that does not mean that you will not end up having your licence suspended. 6 demerit points are a lot of demerit points. If you are a novice driver, any conviction for a single offence carrying 4 or more demerit points will result in a suspension of your licence. If you have a full licence but have prior demerit points active, you may accumulate enough demerit points to result in an MTO interview or automatic licence suspension.

I would be happy to review these issues with you in more detail, but will need to speak with you directly to get more information. We offer a no-cost initial review of matters and can at a bare minimum provide you with some basic information to help you make an informed decision about what you wish to do with your ticket. I can be reached via our toll-free number 1-844-647-6869 at your earliest convenience.

Posted under Careless Driving, Traffic Ticket Defence

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