Careless Driving vs Impaired Driving

In Ontario, Careless Driving is a traffic offence under section 130 of the Highway Traffic Act (HTA).

Careless driving is defined in the HTA as:

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.

The Highway Traffic Act (HTA) is a provincial statute, meaning it’s a law only for the Province of Ontario.  Provincial statutes are not criminal offences, and convictions do not result in a criminal record.

The severity of penalties for Careless Driving escalates based on the seriousness of the offence. Where there has been personal injury or death the penalties increase.

Where there has not been personal injury or death the penalty for careless driving is:

• Fines: Not less than $400 and not more than $2,000
• Demerit Points: Conviction adds six demerit points to the driving record
• Licence Suspension: Possible (not mandatory) suspension for 2 years
• Insurance: Conviction stays on driving record for 3 years
• Imprisonment: Unlikely except with a serious incident, injury or death

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.

Careless Driving charges are treated with increased severity when they result in bodily harm or death, particularly if the victim was in a vulnerable position like being a pedestrian, cyclist, or road worker.

• Fines: Not less than $2,000 and not more than $50,000.
• Demerit Points: Conviction adds six demerit points added to the driver’s record.
• Licence Suspension: Possible (not mandatory) suspension for 5 years
• Imprisonment: Not more than 2 years

These situations are viewed as aggravating factors, leading to harsher penalties in court due to the higher risk and impact on these vulnerable individuals.”

Impaired driving, commonly referred to as DUI (Driving Under the Influence), drinking and driving, or operating a vehicle while impaired, is a serious criminal offence under the Canadian Criminal Code.

This charge is far more severe than Careless Driving and carries substantial penalties that can have long-lasting implications. Impaired driving includes operating a motor vehicle while your ability to do so is significantly compromised by the influence of alcohol, drugs, or a combination of both.

Contrastingly, Careless Driving under section 130 of the Ontario Highway Traffic Act is classified as a provincial offence.

Although both charges can have severe penalties, the key distinction is that a Careless Driving charge does not result in a criminal record, whereas an Impaired Driving conviction does.

A criminal record can have significant long-term effects on employment, travel, and various other aspects of an individual’s life.

Avoidance of a Criminal Record

• Impaired Driving: A conviction carries a criminal record, which can have long-term repercussions on various aspects of life, including employment opportunities, international travel, and personal reputation.
• Careless Driving: As a provincial offence rather than a criminal one, it does not result in a criminal record, thereby minimizing these broader life impacts.

Lesser Penalties

• Impaired Driving: The penalties are more severe and can include heavy fines, mandatory educational programs, installation of ignition interlock devices, and even imprisonment.
• Careless Driving: While still serious, the penalties typically involve fines and demerit points, and are generally less severe than those for impaired driving.

Reduced Impact on Insurance

• Impaired Driving: Conviction can lead to significantly higher insurance premiums and possibly the inability to obtain insurance.
• Careless Driving: While insurance premiums may increase, the impact is usually less severe.
• Careless driving is on driving record for 3 years, Criminal driving convictions last 10 years

Social & Professional Consequences

• Impaired Driving: Carrying a stigma, it can affect personal relationships and professional standing, especially in jobs requiring a clean driving record or security clearances.
• Careless Driving: While still a serious matter, it is less likely to carry the same level of social and professional stigma.

Licence Suspensions

• Impaired Driving: One year licence suspension mandatory, possible up to 3 years
  • Convictions will remain on your driver’s record for a minimum of 10 years.
• Careless Driving: 6 month licence suspension
  •  Suspensions under the HTA are not mandatory

Legal Flexibility & Future Opportunities

Having an impaired driving charge reduced to careless driving can provide more legal flexibility in the future. For instance, it might be easier to have a careless driving conviction expunged or pardoned after a certain period, compared to a criminal impaired driving charge.

In summary, while both charges are serious, a reduction to careless driving can significantly mitigate the long-term legal, social, and professional consequences that come with an impaired driving conviction in Canada.