I’ve been charged with drinking and driving… Can I plead guilty to “Careless Driving” (Highway Traffic Act)?

At Passi & Patel, we defend many individuals charged with “Impaired Driving” and/or “Driving with Excess Blood Alcohol” in Brampton and Mississauga. Routinely, we are asked, “Can this be reduced to Careless Driving?” Our answer is almost always the same: “It’s not that easy”!

“Impaired Driving” and “Driving with Excess Blood Alcohol” are criminal offences. In very limited circumstances, “Impaired Driving” and/or “Driving with Excess Blood Alcohol” cases can be resolved by way of a guilty plea to the offence of “Careless Driving”. Unlike “Impaired Driving” and “Driving with Excess Blood Alcohol”, “Careless Driving” is not a criminal offence. Rather, “Careless Driving” is a Provincial Offences Act (POA) infraction.  In other words, it is a traffic ticket.

There are a number of aggravating and mitigating factors present in every “Impaired Driving” and/or “Driving with Excess Blood Alcohol” case. In order to determine whether a case can be resolved by way of a Highway Traffic Act offence, the case must be analyzed by an experienced D.U.I. lawyer. Often, individuals who blow slightly over the legal limit assume, wrongly, that they will automatically be eligible for a resolution by way of a guilty plea to “Careless Driving”.  Ultimately, the case must be carefully scrutinized and all potential legal issues must be highlighted before requesting a resolution by way of a plea to “Careless Driving”.

The criminal defence lawyers at Passi & Patel have successfully defended numerous people with “Impaired Driving” and/or “Driving with Excess Blood Alcohol” cases. We have the skills, experience, and knowledge required to help ensure you obtain the best possible results. If you, a loved one, or a friend has been charged with “Impaired Driving” and/or “Driving with Excess Blood Alcohol”, contact us at 647-898-8018 today to speak to one of our Mississauga criminal lawyers and arrange a complimentary case evaluation.

At Passi & Patel, our lawyers in Brampton, Mississauga, and Milton understand legal issues can be stressful.