Provincial Offences in the District of Cochrane, ON
- Highway Traffic Act
- Demerit Points and Insurance
- At Trial:
- Your File:
Section 130 of the Highway Traffic Act reads careless driving occurs when an individual drive a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway.
If you are found guilty of careless driving you are liable to:
A. A fine between $400-$2,000
B. Imprisonment for a term of not more than six months;
C. BOTH; or
D. Your license may also be suspended for a period of not more than two years.
Examples of careless driving include:
A. Failing to keep a safe distance between yourself and the car in front of you;
B. Falling to check when reversing;
C. Hitting a pedestrian or;
D. Unsafe overtaking;
E. Falling asleep while driving if you are simply overtired.
If you are convicted of careless driving, you will lose six demerit points, and your insurance rates will likely skyrocket.
The Crown has the burden of proving that the defendant committed careless driving.
The Defendant on the other hand has to show that the act was done without negligence or fault. To prove this, the Defendant will rely on conditions surrounding the event. For example, the defendant could argue that the road conditions caused him/her to drive in a manner that is considered to be careless driving.
At Katherine Armstrong a lawyer with the office of Suzanne Desrosiers Professional Corporation will review your case and will provide you with a legal opinion. If you choose to defend the charge, she will advocate for you to the best of her ability. That may mean going to trial or having the charge reduced to a lesser offence.
You may reach Katherine at (705) 268-6492
CHANGES TO THE HIGHWAY TRAFFIC ACT – SEPTEMBER 1, 2017:
The “Making Ontario Roads Safer Act” also known as “Bill 31” has come into effect as of Friday, September 1, 2017. This Act has introduced FIVE new laws into Ontario’s Highway Traffic Act.
1.The “Move Over” Law: The law regarding slowing down and moving over for stopped emergency vehicles with red and blue flashing lights now applies to tow trucks. If you are found guilty of not slowing down or pulling over for a tow truck with flashing red and blue lights:
- a. For a first offence, you will be liable to pay a fine between $400.00 and $2000.00, and the court may make an order suspending the person’s driver’s licence for a period of not more than two years.
- b. For subsequent offences, you will be found liable to pay a fine between $1,000.00 and $4,000.00, imprisonment for a term of not more than six months, or both. The court may also make an order suspending the person’s driver’s licence for a period of not more than two years.
2. Distracted Driving: If you are found guilty of holding, texting, or talking on your phone while driving you will now be liable to pay a set fine of $490.00, a victim surcharge fee, and court costs.
3. Encroaching on Cyclists: Drivers are now required to leave at least one metre of space between themselves and cyclists. If you do not leave enough room or open your door onto the path of an oncoming cyclist, you will be liable to pay a fine between $300.00 and $1,000.00, and you will lose three demerit points.
4. Pedestrians Crossing the Road: Drivers will now have to WAIT until all pedestrians have completely crossed the road at pedestrian crossovers and school crossings before proceeding. If you do NOT WAIT for the pedestrians to have completely crossed the road you will be found guilty of an offence and liable to a fine between $150.00 and $500.00, and you could lose three demerit points. It is important to note that fines may be doubled in community safety zones.
5. Driving Under the Influence of Drugs: Drivers charged with driving under the influence of drugs will now face the same penalties as drunk drivers. If a Police Officer requests the driver to perform physical or regulated tests, the driver can expect to receive an automatic licence suspension between three and ninety days, and a week-long vehicle impoundment.