KEY DIFFERENCE

Careless Driving vs Dangerous Driving

In Ontario, driving without regard for the safety of others can lead to a charge of Careless Driving or Dangerous Driving.

The key differences between Careless Driving and Dangerous Driving include:

Dangerous Driving is a criminal offence under the Criminal Code
Careless Driving is a provincial offence under the Highway Traffic Act
Dangerous Driving can result in a criminal record and jail time
Careless Driving does not lead to a criminal record

Careless Driving typically means falling below the expected standard of a careful driver. Dangerous Driving goes further — it involves a marked departure from safe driving that creates a real risk to public safety.

Looking for more information? Learn whether Careless Driving is considered a criminal offence in Ontario.

LEGAL DEFINITION

What is Dangerous Driving?

Dangerous Driving is a criminal offence defined in section 320.13(1) of the Criminal Code. It applies when someone operates a vehicle — including cars, boats, aircraft, or trains — in a way that endangers public safety.

To convict someone of Dangerous Driving, the court must prove:

The person drove in a manner that was dangerous to the public
Their driving showed a marked departure from what a reasonable person would do

As stated in R v Beatty (2008), a mere lapse in attention is not enough. Courts recognize that even good drivers occasionally make small mistakes that don't justify a criminal conviction.

Examples of Dangerous Driving:

Typical examples of dangerous driving include racing, going too fast, and aggressive driving. Ignoring traffic lights, road signs or warnings from passengers is also considered dangerous driving.

CHARGE & PENALTY

Penalties for Dangerous Driving

A conviction for Dangerous Driving will result in similar penalties to that of an impaired driving conviction. These penalties include:

A criminal record
Possible jail sentence
Fine of no less than $1,000.00
Automatic suspension of your licence for a minimum of one year

The Criminal Code offence of Dangerous Driving is enforced when:

The accused drives a motor vehicle in a manner that is dangerous to the public.

The court must also take into account:

The circumstances and actions of the accused
The nature, condition and use of the place where the driving occurred
The amount of traffic present at the time or the amount of traffic that might reasonably be expected
DEFENCE OPTIONS

How to Fight a Dangerous Driving Charge

A Dangerous Driving charge is serious but can be challenged with the right legal strategy. Defence options include:

Challenging the allegation of dangerous conduct based on evidence
Arguing the lack of a 'marked departure' from standard driving behaviour
Showing there was no risk to the public given the conditions
Negotiating to downgrade the charge to Careless Driving

A skilled defence lawyer can review the specifics of your case, challenge the evidence, and work to reduce or dismiss the charge entirely.

LEGAL DEFINITION

What is Careless Driving?

Careless Driving is a provincial offence found under Section 130(1) of Ontario's Highway Traffic Act. It applies when a person operates a vehicle without due care and attention or without reasonable consideration for others on the road.

Unlike Dangerous Driving, Careless Driving is not a criminal offence, but it still carries serious penalties.

It is enforced under the Highway Traffic Act, not the Criminal Code
It applies to all public roadways, including streets, highways, and driveways
Conviction can lead to fines, demerit points, licence suspension, and jail time
It does not result in a criminal record

Examples of Careless Driving:

Speeding
Texting while driving
Running red lights or stop signs
Failing to yield to pedestrians
Minor accidents or inattention
CHARGE & PENALTY

Penalties for Careless Driving

Section 130(1):

"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."

Standard Careless Driving penalties may include:

Fine: $400 – $2,000
Up to 6 months in jail
Licence suspension up to 2 years
6 demerit points
Insurance increase

Uncertain about what to do if you've been charged with Careless Driving? Understanding your options is crucial for protecting your driving record and minimizing penalties.

If bodily harm or death occurs (Section 130(3)):

Fine: $2,000 – $50,000
Up to 2 years in jail
Licence suspension up to 5 years
6 demerit points
Major insurance implications
DEFENCE OPTIONS

How to Fight a Careless Driving Charge

You can fight a Careless Driving charge in court with or without legal representation. Options include:

Hiring a paralegal or lawyer to negotiate a lesser penalty
Requesting disclosure and preparing a trial defence
Pleading guilty with a request for a reduced sentence
Seeking to have the charge withdrawn based on evidence

Even pleading guilty can be strategic if you're able to reduce fines, avoid points, or mitigate insurance consequences. A legal professional can help you understand the best course of action.

For detailed guidance on how to fight a Careless Driving charge effectively, consult with a qualified legal representative who specializes in traffic offences.