Careless Driving - Defense in Oshawa, Peterborough, Newmarket, and Toronto
Section 130 of the Highway Traffic Act
Definition of Careless Driving
Section 130 of the Highway Traffic Act defines Careless Driving in two ways. Section 130(1) states that:
“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.”
Additionally, Section 130(3) states that:
“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 who thereby causes bodily harm or death to any person.”
The difference between section 130(1) and 130(3) is the harm component.
About the offence
Careless driving is a “strict liability” offence that has no Mens Rea component, defined in R v. Shergill. Shergill redefined the R v. Beauchamp case. Shergill took out the Mens Rea element. Nevertheless Beauchamp is good law. Good law means that it is still used as an established test for the Actus Reus component of the offence.
The offence of Careless Driving states vehicle and not motor vehicle. A vehicle includes bicyclists, but it does not include a motorized snow vehicle. The offence wording mentions that the offence must be on a highway, this means any street, road, etc.
The penalty for Careless Driving, according to the Highway Traffic Act, in a Part I offence ranges from $400 to $2,000:
(2) On conviction under subsection (1), a person 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 driver’s licence or permit may be suspended for a period of not more than two years. 2017, c. 26, Sched. 4, s. 17.
The penalty for a Part III offence is much harsher though, it moves up to a minimum of $2,000 fine, up to $50,000 fine and/or imprisonment of not more than two years:
(4) On conviction under subsection (3), a person is liable to a fine of not less than $2,000 and not more than $50,000 or to imprisonment for a term of not more than two years, or to both, and in addition his or her driver’s licence or permit may be suspended for a period of not more than five years. 2017, c. 26, Sched. 4, s. 17.
Further to the above, both offences add 6 demerit points to your driving record. This many demerit points will cause a significant increase in your insurance premiums.
Elements of the offence
The elements of the offence include
1) The driver drove without due care and attention.
2) Driver drove without reasonable consideration for others.
3) In the case of 130(3), bodily harm.
To convict, one of the elements must be proven. If it’s under 130(3) they must prove the harm component. Remember that this must be proven beyond a reasonable doubt. It may not be enough to convict because of inadvertent negligence. In R. v. Wilson (1970), the court found mere inadvertent negligence may not sustain a conviction.
Defenses to Careless Driving
While the Crown does have quite a job to accomplish in proving the offence, there can still be defenses to it. However, defenses such as road conditions or the car in front suddenly braking, are not actual defenses, although they may reduce the penalties.
The term due means care owing in the circumstances (R. v. Kinch (2004)). You owe the same legal standard of care, that of which a reasonable person would do in that situation. Though, the factual standard is shifting. In slippery conditions due care includes increasing distance between you and the next car, to slowing down, and stopping earlier. You don’t need to be perfect, but you must act reasonable. Accordingly, any defence must include how you acted reasonable at the time.
Careless Driving vs Dangerous Driving
The two charges of differ in the a few ways. The first way is in the type of offence, one is regulatory, one is criminal.
Careless Driving is a regulatory offence. Accordingly, there is no criminal record. It does not mean there will be no jail time though.
Dangerous Operation, the new dangerous driving, is a criminal offence. It comes with a criminal record, and stiffer penalties. Dangerous Operation applies to more than highways as well.
As you can see, there are a few differences, there are also varying levels of each charge.
For reliable and careful defence your Careless charge, contact Cambium Legal Services.
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