i.
What the charge means
Section 130 of the HTA covers a marked departure from the standard of care a reasonable person would observe. Often charged following a collision.
Highway Traffic Act s.130
Careless Driving charges in Ontario.
Quick Answer
Careless driving under HTA s.130 is one of the most serious traffic charges in Ontario — carrying up to 6 demerit points, a fine of up to $2,000, and a licence suspension. It is also frequently contested. A paralegal can challenge whether the driving met the legal threshold of 'without due care and attention' required for a conviction.
Driving without due care and attention or without reasonable consideration for others. Often laid following an accident — 6 demerit points and insurance impact significant.
- Charge
- Highway Traffic Act s.130
- Jurisdiction
- All of Ontario
- Consultation
- Free & Confidential
ii.
Penalties
Fine $400–$2,000; up to 6 months imprisonment; licence suspension up to 2 years; 6 demerit points. A conviction is a major insurance offence.
iii.
Available defences
- Momentary lapse vs marked departure
- Mechanical failure
- Sudden emergency or third-party act
- Disclosure deficiencies
iv.
The process
Disclosure, accident reconstruction review, pre-trial discussions to reduce to a lesser HTA offence where appropriate.
Common Questions
What is careless driving under Ontario law?
- Careless driving under HTA s.130 is driving without due care and attention or without reasonable consideration for others — a marked departure from the standard of a reasonable driver. It is often charged after a collision.
What are the penalties for careless driving in Ontario?
- A conviction carries a fine of $400–$2,000, up to six months imprisonment, a licence suspension of up to two years, and 6 demerit points. It is treated as a major offence by insurers.
Can a careless driving charge be reduced or withdrawn?
- Frequently. Through disclosure review and pre-trial discussions, careless driving is often reduced to a lesser HTA offence such as 'follow too close' that carries fewer points and less insurance impact.
How does careless driving affect your insurance?
- Careless driving is classed as a major conviction and can raise premiums substantially or lead to non-renewal — usually for three years from the conviction date.
Charged with careless driving?
Defence starts with a conversation.
Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.