Careless driving and stunt driving are not criminal charges – they are Highway Traffic Offences (“HTA”). Even though they are not criminal offences, careless and stunt driving offences carry significant penalties including, fines, possible imprisonment or both, and should be treated seriously. Being found guilty of either of these offences will have a significant impact on one’s day-to-day life, as there is a possibility of driver’s license suspension. Further, insurance rates will increase for 3 years, and demerit points will be added to one’s driving abstract.
Careless Driving & Stunt Driving Lawyer in Milton
The HTA sets out a broad definition of Careless Driving. Thus, an officer will apply their discretion to determine at that moment what is ‘careless’. It is not an easily measurable standard.
Driving carelessly means driving without; (1) due care and (2) attention, or (3) without reasonable consideration for others. The HTA states that reasonable consideration is where the accused is driving in a “manner that may limit his or her ability to prudently adjust to changing circumstances on the highway.” Examples of Careless Driving include, not maintaining a safe distance; running a red light or a stop sign; unsafe passing; high rate of speed; texting and driving; and, failing to take proper care while driving. A conviction for this offence will stay on a driving record for 3 years.
Highway Traffic Act (HTA): Careless Driving
130 of the HTA sets out the definition of Careless Driving as:
- 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.”
Careless Driving Causing Bodily Harm or Death
The HTA sets out an additional aggravating factor where the complainant was vulnerable because they were a pedestrian, cyclist or person working on highway.
- 130 (3) “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 and who thereby causes bodily harm or death to any person.”
- 172(1) of the HTA sets out the offence of Stunt Driving and unauthorized racing. The related regulations classify stunt driving as speeding 50 KM/HR or more over the speed limit; driving two motor vehicles side by side or in close proximity of each other; spinning or causing a motor vehicle to spin; trying to prevent another motor vehicle from passing; driving too closely behind another motor vehicle or a pedestrian; interfering with the movement of another motor vehicle, etc.
If a police officer gives an accused a ticket for Stunt Driving, there is an automatic administrative 7-day license suspension. The police will impound the vehicle the accused was driving for 7-days and all costs associated with the impoundment are the responsibility of the owner of the motor vehicle.
Highway Traffic Act (HTA): Stunt Driving
- 172 (1) of the Highway traffic act sets out the offence of Stunt Driving,
- 172 (1) “No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or a bet or wager.”
Why Retain Passi & Patel Criminal Lawyers?
If you, a friend or a loved one, are charged with Careless Driving or Stunt Driving, contact us today. The penalties associated with being found guilty of the above noted offences can cause considerable hardship. Losing driving privileges will have a significant impact on one’s life. Daily routines, such as, commuting to and from work; a quick run to the grocery store; or, driving children to school, may no longer be possible. Commercial drivers may face the loss of employment. For anyone with prior driving offences, driving privileges can be suspended for a longer period. Penalties for Careless Driving and Stunt Driving include an increase in insurance rates; loss of insurance coverage altogether; or, being classified as a high-risk driver.
The following is an outline of the possible penalties one could face when convicted of Careless Driving or Stunt Driving.
Sentences for careless driving (1) could include:
- A fine not less than $400 and a maximum $2000
- 6 months’ imprisonment
- Both a fine and imprisonment
- Driver’s license may be suspended for a maximum of 2 years
- 6 demerit points
Careless Driving Causing Bodily Harm
Sentences for careless driving causing bodily harm or death S. 130 (3) could include:
- Fine, not less than $2,000 and a maximum of $50,000
- Imprisonment for up to 2 years
- Both fine and imprisonment
- Driver’s license may be suspended for a maximum of 5 years
- 6 demerit points
Sentences for stunt driving/racing could include:
- Fine, not less than $2,000 and a maximum of $10,000
- Imprisonment for a maximum term of 6 months
- Both fine and imprisonment
- Driver’s license may be suspended; for a first offence, maximum of 2 years, and a subsequent conviction of stunt driving may result in a maximum 10 years’ license suspension.
Professional legal advice from Careless/Stunt Driving lawyers can make a significant difference in how a matter proceeds through the court. As experienced and skilled Milton criminal lawyers, we will take all the necessary steps to obtain the best possible result for your case. We at Passi & Patel have successfully defended many Careless Driving and Stunt Driving cases. We have the knowledge and expertise required to get the best possible result.
Contact Passi & Patel Criminal Lawyers today to get the process started with a no obligation consultation.
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