What Can A Careless Driving Charge Be Reduced To?

If you find yourself facing a careless driving charge in Ontario, it’s essential to understand your options for reducing the severity of the charge. Careless driving charges are serious and can have significant consequences, so exploring alternatives is crucial. In this article, we’ll delve into the different aspects of careless driving charges and what they can be reduced to.

 

Two Types of Careless Driving Charges

1. Part One (Simple Traffic Ticket):

Part One careless driving charges are issued in the form of a simple traffic ticket, commonly known as a Part One ticket. These tickets include a specified fine, providing individuals with the option to pay the fine and conclude the matter. However, this seemingly straightforward resolution can have severe implications, including a conviction on your record and increased insurance rates.

2. Part Three (Summons):

Part Three careless driving charges involve a summons, which is a legal document demanding your attendance in court. Unlike Part One tickets, Part Three charges do not specify a fine amount. The decision on fines, potential jail time, or license suspensions is left to the discretion of the judge or justice of the peace during the court proceedings. Part Three charges are typically reserved for more severe accidents involving injury or fatality.

Factors Influencing Charge Severity

The severity of the careless driving charge often hinges on the circumstances of the accident:

• Part One Charges: These are more common for less severe accidents, where injuries are minimal, and the situation is deemed less serious.
• Part Three Charges: Serious accidents resulting in significant injuries or fatalities are more likely to lead to Part Three charges. These cases demand a court appearance, and the consequences are determined based on the court’s judgment.

Options for Reducing Careless Driving Charges

When facing a careless driving charge, there are several potential outcomes and options:

Negotiation for Reduced Penalties:

• An experienced legal representative can negotiate with the prosecutor to seek reduced penalties, fines, or alternative resolutions. This negotiation may involve accepting responsibility for a lesser offense.

 

Defensive Strategies:

• A thorough review of the case may uncover weaknesses or discrepancies that could be leveraged for a successful defense. This might involve challenging the evidence presented by the prosecution or questioning the legality of the traffic stop.

 

Representation in Court:

• If your charge is a Part Three summons, you will be required to appear in court. Having legal representation can significantly impact the outcome, as lawyers can present compelling arguments and negotiate on your behalf.

 

Importance of Seeking Professional Help

Careless driving charges, whether under Part One or Part Three, necessitate professional assistance. Legal representatives with expertise in traffic law can assess the specifics of your case, guide you through the legal process, and work towards the most favorable outcome.

Understanding the nuances of careless driving charges and the potential for reduction is vital when navigating the legal system. Seeking guidance from professionals such as those at OTD Legal can make a substantial difference in the outcome of your case. Don’t hesitate to schedule a free consultation to explore your options and secure the support you need.

 

Video Transcription:

I’m talking to you today about a question which is: “what can a careless driving be reduced to?” This is an important question to be asking if in fact you are charged. One of the things to consider is what happened at that particular scene when you were speaking to the officer. Did you speak to that police officer and what did you say?

One of the other things to consider is: did that officer or officers caution you on anything that you did say that it might be used against you? Simple consideration on what you want to do going forward with finding something that you may want to reduce this to. There are two ways that you could be charged with careless driving in Ontario.

The most common and the simplest form is called Part One. Part One tickets, they’re called Simple Traffic ticket. What is not novel about them, but what’s common about them is you’ll see a fine on there. When the fine is there, you now know you can simply pay that fine and wash your hands of the whole thing.

Dangerous thing to do though, for most people, because it’s such a significant charge. If you simply pay that fine, you’ve now convicted yourself of careless driving. There are no opportunities now to reduce that or even get out of it. It’s simply gone and you’ve not been to the court whatsoever. It’s designed that way to be simple, efficient, and easy.

You get the conviction, they get the money, and you walk away. And what survives is a disastrous insurance rate going forward. The second way that you could be charged with careless driving is by summons. So what would happen at that scene or at some point within six months, an officer could knock at your door and he’s going to serve you with something called a summons.

Summons is a nice, fancy legal word, meaning that they’re demanding that you attend court. When you review that summons, you’ll note it’s strangely absent of any fine whatsoever, and you have no idea what that fine could be. Reason for that is: they wanna see you in court.

They think it’s more serious, and the court or the judge in this case, a justice of the peace is going to decide how much that fine should be, whether there’s jail, whether there’s other penalties, like license suspensions. All of that will be decided in the courtroom.

The factual scenario of the accident usually determines, so whatever happened in the accident, is going to determine whether or not you’re gonna be charged under part one or part three. If it’s a serious accident that involves injury, so there’s personal injury that was caused by the accident or worse – fatality, you can pretty much count on you’ll be charged by summons. A judge is going to want to see you or your agent, someone like myself that would help you in that situation. But that’s what it’s about. So arguably it’s a little misleading to say a Part One careless driving is not serious. It is, it’s just simply not as serious as something under part three.

When you’re into a careless driving, I have always, throughout the history of my career, whether I was prosecuting or whether I was representing someone on my own, and I get that it’s self-serving for me to say, but you do need help. It is a serious matter. It requires serious attention. It requires dedication, knowledge, and experience on what to do with it.

I would suggest you take the time to reach out to OTD Legal and get that free consultation, because I’m certain we can help you.