Point DutyTraffic Court Defence and Legal Services
Highway Traffic Act s.130

Careless Driving charges in Hamilton, Ontario.

Driving without due care and attention or without reasonable consideration for others. Often laid following an accident — 6 demerit points and insurance impact significant.

Courthouse
Hamilton Provincial Offences Court
Court Phone
(905) 546-2424
Consultation
Free & Confidential
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.

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.

v.

Notes for Hamilton

Hamilton serves Hamilton, Ancaster, Dundas, Stoney Creek, and Flamborough. Summary criminal matters proceed at the John Sopinka Courthouse; HTA and POA matters at the Main Street East Provincial Offences court.

Hamilton Provincial Offences Court

50 Main Street East, Hamilton, ON L8N 1E7
(905) 546-2424

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.