Provincial Offences
What happens if you are charged with careless driving in Ontario?
Last updated October 7, 2026.
Careless driving under section 130 of Ontario's Highway Traffic Act means driving without due care and attention, or without reasonable consideration for others. On conviction, the fine is $400 to $2,000, jail of up to six months is possible, the court may suspend your licence for up to two years, and 6 demerit points are recorded unless a suspension is ordered. If someone is hurt or killed, the fine rises to $2,000 to $50,000.
Careless driving is a provincial offence, not a Criminal Code charge, and it is defended in the Ontario Court of Justice under the Provincial Offences Act. Our page on help with provincial offences explains how a licensed paralegal in Hamilton can assist with charges like this one.
What does careless driving mean?
Section 130(1) makes it an offence to drive "without due care and attention or without reasonable consideration for other persons" on a highway or in a specified place. A specified place includes parking lots, parking garages and the driveways connecting them to a road (section 130(8)), so the charge is not limited to public streets.
Section 130(5) adds that a person is deemed to drive without reasonable consideration for others if they drive in a manner that may limit their ability to prudently adjust to changing circumstances. In plain terms, the question is whether the driving fell below the standard of a reasonably careful driver in the same situation. The charge often follows a collision, but a collision alone does not prove careless driving: the prosecution has to prove the driving itself.
Careless driving is different from stunt driving, which is a separate offence under section 172 with roadside suspensions and impounds, and from Criminal Code driving offences, which are not covered on this page.
How does a careless driving charge move through court, step by step?
- The charge is laid. An officer can start the case under Part I of the Provincial Offences Act with a certificate of offence and either an offence notice or a summons (section 3(2)), or under Part III by summons and an information sworn before a justice (sections 21 to 23). The way it is started decides the maximum penalty.
- Part I ticket. If the charge is a Part I ticket, the fine cannot be more than $1,000 and jail is not available (section 12(1)). You have 15 days from service to pay, request a meeting with the prosecutor where offered, or file a notice of intention to appear (sections 5, 5.1 and 8).
- Part III summons. If you were served with a Part III summons, you must attend court on the date shown, in person or through a representative (section 50(1)). The full penalty range in section 130 applies. Our page on Part III summonses explains this route.
- Disclosure. You or your representative ask the prosecutor for the evidence: the officer's notes, witness statements, photos, any collision reconstruction and video.
- Resolution discussions. On a Part I ticket that offers it, an early resolution meeting lets you discuss the charge with the prosecutor, who may agree to a plea to the offence or to a substituted offence (section 5.1(7)). Part III cases have similar discussions with the prosecutor before trial.
- Trial. If the charge is not resolved, a justice hears the evidence. The prosecution must prove the driving fell below the required standard. For charges laid in Hamilton, see our Hamilton provincial offences court page.
- Sentence and record. On conviction, the court sets the fine and any suspension, and the Ministry records demerit points where the regulation calls for them.
Section 130(7) gives the prosecution up to two years from the facts to start a careless driving proceeding, which is longer than the six-month default in section 76 of the Provincial Offences Act. A charge can arrive well after the collision. Once a charge is laid, a long wait for trial raises a different question, covered on our page about delay and the Charter.
What are the penalties for careless driving?
| Charge | Fine | Jail | Licence suspension | Demerit points |
|---|---|---|---|---|
| Careless driving, s. 130(1) | $400 to $2,000 | Up to 6 months | Up to 2 years, at the court's discretion | 6, unless the court orders a suspension |
| Careless driving causing bodily harm or death, s. 130(3) | $2,000 to $50,000 | Up to 2 years | Up to 5 years, at the court's discretion | 6, unless the court orders a suspension |
The demerit point rule comes from Ontario Regulation 339/94: careless driving is listed at 6 points, but under section 3(1) no points are recorded for a conviction whose penalty includes a licence suspension. The points are explained on our page about demerit points and suspensions.
A change is coming. A 2026 amendment (2026, c. 7, Sched. 5, s. 17) will raise the section 130(2) fine to $1,000 to $5,000, but on October 7, 2026 it was not yet in force: it takes effect on a day to be named by the Lieutenant Governor in Council. Penalties are set by the law in force on the offence date, so check which applies to yours.
What changes the answer?
Whether anyone was hurt
Bodily harm or death turns the charge into section 130(3), with a minimum fine of $2,000 and up to two years in jail. The court must treat it as an aggravating factor if the injured person was vulnerable, for example a pedestrian, a cyclist or a person working on the road (section 130(6)).
How the charge was started
The table above shows the full ranges, which apply when the case proceeds under Part III. A Part I ticket caps the fine at $1,000 instead of the $2,000 maximum, and removes jail (Provincial Offences Act, s. 12(1)). A Part III summons does not. Read the top of your paperwork carefully.
Whether the court suspends your licence
A suspension of up to two years (or five years for the bodily harm offence) is discretionary. If one is ordered, the 6 points are not recorded (O. Reg. 339/94, s. 3(1)), but the suspension itself is usually the bigger concern.
Other charges from the same incident
If you are convicted of more than one offence from the same circumstances and no suspension is ordered, only the conviction with the most points counts (O. Reg. 339/94, s. 3(2)). A charge for leaving the scene is a separate and more serious matter, covered on our page about failing to remain or report a collision.
Your licence class
The Ministry's guide to demerit points says novice drivers face escalating suspensions for a conviction worth 4 or more points, and it gives careless driving as an example. A G1 or G2 driver should look at those rules before pleading to anything.
Where it happened
Since a 2024 amendment, section 130 applies in parking lots and similar specified places as well as on highways (section 130(8)). A parking lot collision can lead to this charge.
A worked example
For example, imagine a Hamilton driver named Leah who rear-ends another car at a red light on a wet evening. No one is hurt. The officer serves her a Part I ticket for careless driving. Because it is a Part I ticket, the most she can be fined is $1,000, but a conviction would also bring 6 demerit points unless a suspension were ordered.
Leah has 15 days to choose an option. She requests a meeting with the prosecutor and asks for disclosure. At the meeting, the prosecutor and Leah may discuss whether the evidence supports careless driving or whether a plea to a different offence, such as following too closely (4 points), would fit the facts. Whatever the result on the ticket, the other driver's claim for the damage to their car is a separate civil matter, which our page on suing for vehicle damage explains.
If one of the drivers had been injured, the same facts could support a charge under section 130(3) by Part III summons, with a $2,000 minimum fine and the possibility of jail.
Common mistakes people make with careless driving charges
- Paying the ticket to make it go away. Payment is a guilty plea (Provincial Offences Act, s. 8) and brings 6 demerit points.
- Admitting fault at the scene or in writing. Statements made to the officer or the other driver can become evidence. Stick to the information you must give.
- Assuming the collision proves the charge. The question is how you were driving, not only that a collision happened.
- Ignoring a Part III summons. If you do not appear, the court can proceed without you or issue a warrant (Provincial Offences Act, s. 54).
- Not getting disclosure before deciding. Witness statements, photos and video can shape whether to resolve the charge or go to trial. Our article on preparing for a provincial offences hearing covers the groundwork.
- Forgetting the time limit for a charge. A charge can be laid up to two years after the facts (s. 130(7)), so keep your own notes and photos.
What to do this week
- Check whether you have a Part I ticket (offence notice) or a Part III summons, and note every deadline and court date.
- Write down what happened while it is fresh: the road, the weather, the light, speeds and what each person said.
- Gather photos of the scene, the vehicles and any dashcam footage, and keep them unedited.
- Be careful what you say about fault, in writing or by phone, until you understand how your words could be used as evidence.
- Request disclosure from the prosecutor, or ask a licensed paralegal to do it.
- If you are a G1 or G2 driver, read our page on novice driver penalties before you respond.
Frequently asked questions
Is careless driving a criminal charge?
No. It is a provincial offence under the Highway Traffic Act, prosecuted under the Provincial Offences Act. A conviction does not create a criminal record, but it does go on your driving record.
Can careless driving lead to jail?
Only if the case proceeds under Part III. Section 130(2) allows up to six months, and section 130(3) up to two years when someone is hurt or killed. A Part I ticket removes jail entirely (Provincial Offences Act, s. 12(1)).
How long do police have to charge me?
Section 130(7) says a careless driving proceeding cannot be started more than two years after the facts it is based on. That is longer than the usual six-month limit for provincial offences.
Can I get careless driving reduced?
Sometimes a prosecutor agrees to a plea to another offence, such as following too closely or an improper turn, when the evidence fits. Whether that happens depends on the facts, the evidence and the prosecutor, so no outcome can be promised.
Will a careless driving conviction help the other driver sue me?
The ticket and any civil claim are separate proceedings. The other driver's claim for damage or injury goes through insurance or the courts on its own track, whatever happens with the charge.
Can a licensed paralegal defend a careless driving charge?
Yes. Representation in the Ontario Court of Justice under the Provincial Offences Act is within the scope set for licensed paralegals by Law Society of Ontario By-Law 4. An appeal from a provincial judge's decision goes to the Superior Court of Justice (Provincial Offences Act, s. 116), where a lawyer would be needed.
Sources
- Highway Traffic Act, R.S.O. 1990, c. H.8, s. 130 (Ontario e-Laws, current consolidation)
- O. Reg. 339/94, Demerit Point System (Ontario e-Laws)
- Provincial Offences Act, R.S.O. 1990, c. P.33, ss. 3, 5, 5.1, 8, 12, 21 to 23, 50, 54, 76, 116 (Ontario e-Laws)
- Understanding demerit points (Ministry of Transportation, ontario.ca)
- Law Society of Ontario By-Law 4, Licensing (lso.ca)
Need help with a provincial offence? Contact us today for legal support.
This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.