Careless Driving tickets are one of the most common violations handed out by police in Ontario. However, many drivers are still not completely clear on what exactly is considered to be Careless Driving or Reckless Driving (Reckless Driving is an American term that is sometimes used to describe Careless Driving in Ontario). A Reckless or Careless Driving charge in Ontario can encompass a wide range of incidents. According to the Ontario Highway Traffic Act,
“Every person is guilty of the offence of Careless Driving and driving carelessly who drives a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway”
The penalties for Careless or reckless driving in Ontario may include:
6 demerit points on your license
A minimum fine of $400
Imprisonment up to 6 months
Possible license suspension up to 2 years
Serious implications for your auto insurance
A Careless Driving charge can not only affect your insurance, but also your ability to drive. Therefore, it is in your best interest to fight your Careless Driving ticket with the help of an experienced legal team. Mavericks Legal Services can help you navigate the complex legal process that can often come with fighting your Careless Driving ticket in Ontario.
Mavericks Legal Services can help you fight to win your Careless Driving charge in Toronto, Mississauga, Brampton, Vaughan, Newmarket, Durham or Halton regions. Contact us to discuss your case for free!
A cautionary note from Mavericks to those facing a Careless Driving charge in Ontario:
There is a troubling but long-standing practice in Ontario to ‘over-charge’ where the police officer is unsure of the driver’s wrongful act. For instance, where a car accident investigation points to the driver making an unsafe lane change, or perhaps running a red light, the police officer may instead lay the far more serious charge of Careless Driving. (Careless Driving can lead to a six-month jail term and a two year drivers’ license suspension)
The reasons for this vary, but generally speaking the broad circumstances that are caught by the Careless Driving definition allow it to be laid even where a more appropriate charge exists in the Highway Traffic Act.
The result is that many defendants who decide to fight the Careless Driving allegation end up pleading guilty to the lesser offence that should have been laid in the first place. The predicament causes the driver to forgo his right to challenge the case. And its not just unrepresented defendants that are caught in this trap, our competitors have been know to fall for it too… Let Mavericks navigate these legal waters for you. A conviction for any offence arising from a motor vehicle collision can have a compounding effect on your insurability and civil liability. We have extensive experience in Careless Driving litigation – Call us first!
This is the story of a transport truck driver who left the roadway and careened down a sixty-foot embankment into a lake. He was remarkably not seriously injured. The truck driver represented himself in court and he was convicted of Careless Driving. The driver then hired a paralegal and the finding of guilt was appealed. Mavericks was hired by the driver’s paralegal to prepare the written materials that would be submitted to the Judge as an outline of the issues to be argued at the Careless Driving appeal. The appeal was successful; the conviction was set aside.
It is a common mistake to conclude that because the circumstances that may amount to Careless Driving are broad, that the legal definition of Careless Driving is also broad. This is untrue. The legal definition of Careless Driving sets out a precise description of conduct that will attract a conviction when applying the legal test for Careless Driving.
At Mavericks, we fight Careless Driving charges regularly. Charged with Careless Driving in Toronto, Brampton, Mississauga or anywhere in the GTA? Call us first!
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.
Upon conviction the driver 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 licence or permit may be suspended for a period of not more than two years. Careless Driving carries six Demerit Points.
Read the actual court room transcripts of a Careless Driving case where a police officer accused our client of driving erratically as a direct result of marijuana use. Careless Driving carries with it the potential for very serious penalties. The defendant did not give evidence at his trial. The prosecutor’s case appeared overwhelming at first but soon went up in smoke! An effective cross examination of the investigating officer caused his evidence to be viewed in a different light at the conclusion of the trial. The Careless Driving charge was dismissed.
The Legal Character of Careless Driving in Ontario
Careless Driving is a Strict Liability Offence in accordance with the Supreme Court of Canada’s classification of regulatory offences in R. v. Sault Ste. Marie. The defences available on a charge of Careless Driving may be gleaned from the leading precedents. One of which, R. v. Beauchamp sets out the test for Careless Driving this way: “It must also be borne in mind that the test, where an accident has occurred, is not whether, if the accused had used greater care or skill, the accident would not have happened. It is whether it is proved beyond reasonable doubt that this accused, in the light of existing circumstances of which he was aware or of which a driver exercising ordinary care should have been aware, failed to use the care and attention or to give to other persons using the highway the consideration that a driver of ordinary care would have used or given in the circumstances. The use of the term “due care” in the Careless Driving definition, which means care owing in the circumstances, makes it quite clear that while the legal standard of care remains the same in the sense that it is what the average careful man would have done in like circumstances, the factual standard is a constantly shifting one depending on road condition, visibility, weather conditions, traffic conditions that exist or may reasonably be expected, and any other conditions that ordinary prudent driver would take into consideration. It is a question of fact,depending on the circumstances in each case.”
Careless Driving is an anomaly among other strict liability offences. Generally, a strict liability case will place the onus upon the defendant to establish on a balance of probabilities that he exercised all reasonable care owing under the circumstances. Careless Driving is unique in that the actus reus or ‘guilty act’ contemplated by the legislation is essentially the inverse – that the driver ‘failed to exercise all reasonable care’. In other words, the elements that form the allegation of Careless Driving are the exact opposite of the elements in the defence available in the strict liability doctrine. It follows then to escape conviction the defendant would need only raise a reasonable doubt that he ‘failed to exercise all reasonable care owing under the circumstances’, as opposed to meeting the higher legal threshold of establishing on a balance of probabilities that he exercised all reasonable care to be acquitted. This notion is not reflected in the pre-Charter caselaw such as Beauchamp, noted above.
No it isn’t. It is a Provincial Offence created under sec. 130 of the Highway Traffic Act of Ontario. The offence, however, carries with it the potential for incarceration and a lengthy drivers’ license suspension. The penalty structure in some regards makes the distinction between this provincial offence and a true criminal offence superficial. ‘Jail is Jail’ after all, and if you land there, the classification of the offence probably won’t make you feel any better. The procedural guide that governs the prosecution of Careless Driving charges is the Ontario Provincial Offences Act.
The following myth is from an Ontario paralegal’s website:
‘By personally appearing in traffic court the defendant, (person who is charged with the traffic ticket) provides the “who” also known as the “identity evidence”. All the prosecutor has to do is ask the witness who came to testify against you, or police officer, “who caused the accident” whereupon the witness would point at the defendant (person who got the ticket), completing the identity evidence”. By appearing in traffic court sometimes the defendant actually helps to convict himself!’
This, of course, is not true – and if it were, everyone charged with Careless Driving would need a representative and the paralegal would be rich. In fairness though, we’ve heard this misconception before. It’s something police officers are taught. Below is a proper statement of the law from the Supreme Court of Canada’s unanimous decison in R. v. Reitsma, 125 C.C.C. (3d) 1:
“The identification of an accused person for the first time “in the dock” is generally regarded as having little weight. In a dock identification the witness is obviously not required to pick out the person whom he claims to have seen from among a number of other persons of similar age and size and general physical appearance. In a courtroom identification there is also the danger of the witness anticipating that the offender will be present. That danger is accentuated when an accused is readily identifiable in the courtroom as the person accused of the crime. Identification of an accused for the first time in the dock is analogous to a police “show up” in which the only person shown to the identifying witness is the suspect, and for that reason it is open to the same criticism. Generally, anything which tends to convey to a witness that a person is suspected by the police or is charged with the offence has the effect of reducing or destroying the value of the identification evidence”
Being at fault in an accident, and being guilty of Careless Driving are two entirely separate issues. Here is an excerpt from the governing legislation:
Rules When a Driver is Charged with a Driving Offence
20. (1) For the purposes of this Regulation, a driver is considered to be charged with a driving offence,
(a) if, as a result of the incident, the driver is charged with operating the automobile while his or her ability to operate the automobile was impaired by alcohol or a drug;
(b) if, as a result of the incident, the driver is charged with driving while his or her blood alcohol level exceeded the limits permitted by law;
(c) if, as a result of the incident, the driver is charged with an indictable offence related to the operation of the automobile;
(d) if the driver, as a result of the incident, is asked to provide a breath sample and he or she is charged with failing or refusing to provide the sample;
(e) if, as a result of the incident, the driver is charged with exceeding the speed limit by sixteen or more kilometres per hour. R.R.O. 1990, Reg. 668, s. 20 (1).
(2) The degree of fault of the insured shall be determined in accordance with the ordinary rules of law, and not in accordance with these rules,
(a) if the driver of automobile “A” involved in the incident is charged with a driving offence; and
(b) if the driver of automobile “B” is wholly or partly at fault, as otherwise determined under these rules, for the incident. R.R.O. 1990, Reg. 668, s. 20 (2).
My experience with Todd was excellent. Not only was he incredibly knowledgeable regarding each of my questions for the duration we worked together he was also quick to respond and effectively helped me to get results we were looking for. I would recommend him any time, over and over again.
Listen up folks, Todd Brown from Mavericks Legal Services makes miracles happen.I was pulled over in January of 2023 for speeding and got hit with 4 tickets in one stop. Going in I thought that the best case scenario for me was that the 3 additional tickets would be dropped and the speeding would stick, but Todd was able to get all 4 of my tickets completely dropped.I highly recommend him to anybody that needs help fighting a ticket.read more
I was recommended to Maverick Legal Servoces and in particular to ask for Todd and the person who recommended me was highly adamant on me not going anywhere else but to the best. Let me just say this, i could not be any happier with the job Todd did on my case. Extremely professional, and he gets to work right away. Todd got my case withdrawn and dropped and there was no better result then that. Initially i did not even think that was an option. I thought it was going to cost me thousands as xcopper had told me. Turns out i saved a lot of money and i highly highly recommend you go to Todd and Maverick Legal Services. When i went to xcopper and they told me they would get them to give me a lesser charge and that would be best case scenario, boy am i glad i was recommended to Todd. The retainer fee is most certainly worth it and i know if anything arises in the future i will be back and if anyone i know needs legal services, Todd and Maverick will be my one and only recommendation if you want the best person to handle your case. Thanks again Todd.read more
If you want NO conviction, NO entry, and importantly NO fine Mavericks Legal Services is the way to go! The speeding ticket that was supposedly 4 demerit points dismissed thanks to Mavericks Legal Services. Todd Brown was exceptional from start to end. He is very attentive, knowledgable, approachable, quickly accessible and keeps you informed throughout the whole process. I was anxiously waiting as my trial date was postponed due to the backlog with the pandemic. But Todd reassured me throughout the whole process. I am so glad I chose Mavericks Legal Services and moved forward with Todd's advise. Definitely recommend their services!read more
I have had the privilege of talking with Todd Brown to share my story and benefit from his professional experience. Conversations with him have been exemplary and I have learned a great deal. What I have experienced is communicating with a man who is informative, knowledgeable and dedicated to his field of work. You can feel comfortable - especially at a time of stress and anxiety - because he tells it the way it is - and does it in an honest, sincere and fully focused way. His mandate: to help and provide top notch results. Whether I won, or lost, my case, I truly am a lucky person and immensely indebted to him for his straightforward and trustworthy approach. While one would expect first class legal services, what I received was much more from an individual who is brilliant at his profession.Thank you, Todd. I write this hoping that others do the same as I did - call you and benefit from your admirable work.read more
Todd has represented me on several occasions. A true professional, Todd spares the filler and tells it as it is. Todd and the Mavericks team communicated with me throughout the legal process and years of COVID delays. Always a phone call or email away, Todd and his team had my back. Would strongly recommend his services, there are no hidden fees or hang ups, he is very transparent and upfront about costs and likelihood of case success.read more
I have rightfully entrusted Todd Brown with multiple large penalty driving tickets with successful outcomes every time. I would reccommend (and have to many - also with successful outcomes) Todd to anyone.
I'll cut right to the chase.Todd got a stunt driving charge withdrawn, which is out of the realm of what I was expecting for this charge. I highly recommend him.Outside of getting the charge withdrawn, he was hands-on, responded quickly to requests and was transparent from the jump. I felt like I received personalized service.Again, I highly recommend Todd and Mavericks and wouldn't hesitate to use them again.
Wouldn’t trust anybody else other than Todd for my legal needs. Knows the ins and outs and very professional and candid with his approach which is very much appreciated with these sensitive legal matters.
Todd is a very professional person, his expertise and manners are beyond description. He was able to dismiss all my charges,I was hoping to get a minimum ticket but he got it all dismissed, from day one he was honest and straight forward;no twisted promises or hidden fees. Thank you Todd for your efforts, definitely the best legal services.Amr
Hi ToddI have to say thank you for all your help and hard work in this case. To be honest, I can't even believe that the case was dismissed after 3 years, this is far better than any of the outcomes I could ever expect. I have to admit I am extremely satisfied and happy with the end result, thank you. I will definitely recommend your service to all my friends if they ever run into similar situations like mine. You are more than welcome to use my testimony anywhere you want, as your legal service is truly wonderful and professional, other people deserve to know your brand.All the Best,Rayread more
Todd Brown is the most professional and kind paralegal I had met in this country. When I called him in the first place I was so scared and sad and stressful about my tickets and the racketeering from the tow driver . Todd used his super power of observation and judgment to calm me down and help to work out the tough things even not in his case. And now , I feel so lucky to find him and I believe my case will turn out very well in the end and I am looking forward to hearing all the results because I believe he is the best !I trust him so much ! Thanks Todd , a lot !read more
Full 5 star review average for a very good reason, Todd is without a doubt among the best legal representatives you could have in the province.He has thorough knowledge on each jurisdiction and handles each individual case accordingly. No one will work harder to get you the best outcome for your tickets/charges than Todd from Maverick Legal Services. Pair that with extremely reasonable rates and you have the best driving-related legal service in the GTA, hands down.Would give 6 stars if I could, highly recommended.read more
after reading the comments from other people who were in the same or similar position as I was, I decided to reach out to Mavericks. I got a speeding ticket, 28 over the limit. Todd called me and I need to say that all the reviews are true. He is very professional and carrying. If you want to get the right information and proper service, these are the guys you should call.Without a second doubt, I would definitely reach out to him if I ever need anything again and strongly recommend him to friends and family.read more
Todd is a wonderful Paralegal. I got a really bad stunt driving ticket going 88 over the limit and Todd was able to get my charges reduced. It was a long road but I found him to be very professional and knowledgeable.I would recommend Todd for anyone and everyone. Hands down the absolute best Paralegal in the GTA!!
THE best paralegal I've ever used so far for the traffic ticket.Todd is really honest and professional that he knows how the procedure works and what he is talking about. No fake promise but only professional explanations and keep you updated promptly.Just got my ticket dismissed yesterday and big thanks to Todd's work!Will recommend Mavericks Legal Service and Todd to anyone who needs the help on the ticket!
Todd Brown is a consummate professional and I would not hesitate to recommend his services. He excelled in my situation where others faltered and has my heartfelt gratitude for his work.
Spoke to Todd, gave him a idea of my situation, he immediately explained to me the process and made me feel a lot more confident over everything and gave me very sound advice.I would recommend him 10/10. Very Professional and very Friendly. Thumbs up!!!!
Todd did a great job and was persistent until we got the result....A WIN! Driving record remains clear, and no insurance hike all because of Todds hard work. Thanks for everything Todd!!
Todd Brown is the BEST paralegal in the GTA, hands down! Empathetic, honest, and always keeps you in the loop. Also delivers exceptional results. Over $6000 in traffic tickets dropped to date! Do yourself a favour and hire this firm, you won't regret it!
Todd is very clear about the possible outcomes of the trial and does not push you to choose the service. Throughout the process, he is very professional and thorough.Todd will help you go through the trial instead of taking a plea deal with the prosecutor. Please keep in mind that a conviction without point still counts as an offense for your insurance.At the end, he helped me get the case dismissed.
BIG THANKS Todd Brown for the great support.. yesterday I got a successful closure, stunt driving allegation was withdrawn and case was concluded as speed ticket with normal fine for payment within 60 days. It won't have been easy to understand requirements, process and paperwork required without relying on Todd's experience to handle the situation over the previous 4 months.
THE best paralegal I've ever used so far for the traffic ticket.Todd is really honest and professional that he knows how the procedure works and what he is talking about. No fake promise but only professional explanations and keep you updated promptly.Just got my ticket dismissed yesterday and big thanks to Todd's work!Will recommend Mavericks Legal Service and Todd to anyone who needs the help on the ticket!
Spoke to Todd, gave him a idea of my situation, he immediately explained to me the process and made me feel a lot more confident over everything and gave me very sound advice.I would recommend him 10/10. Very Professional and very Friendly. Thumbs up!!!!
Todd Brown is a consummate professional and I would not hesitate to recommend his services. He excelled in my situation where others faltered and has my heartfelt gratitude for his work.
Todd did a great job and was persistent until we got the result....A WIN! Driving record remains clear, and no insurance hike all because of Todds hard work. Thanks for everything Todd!!
Todd is very clear about the possible outcomes of the trial and does not push you to choose the service. Throughout the process, he is very professional and thorough.Todd will help you go through the trial instead of taking a plea deal with the prosecutor. Please keep in mind that a conviction without point still counts as an offense for your insurance.At the end, he helped me get the case dismissed.
Todd Brown is the BEST paralegal in the GTA, hands down! Empathetic, honest, and always keeps you in the loop. Also delivers exceptional results. Over $6000 in traffic tickets dropped to date! Do yourself a favour and hire this firm, you won't regret it!
Todd is a wonderful Paralegal. I got a really bad stunt driving ticket going 88 over the limit and Todd was able to get my charges reduced. It was a long road but I found him to be very professional and knowledgeable.I would recommend Todd for anyone and everyone. Hands down the absolute best Paralegal in the GTA!!
Full 5 star review average for a very good reason, Todd is without a doubt among the best legal representatives you could have in the province.He has thorough knowledge on each jurisdiction and handles each individual case accordingly. No one will work harder to get you the best outcome for your tickets/charges than Todd from Maverick Legal Services. Pair that with extremely reasonable rates and you have the best driving-related legal service in the GTA, hands down.Would give 6 stars if I could, highly recommended.
after reading the comments from other people who were in the same or similar position as I was, I decided to reach out to Mavericks. I got a speeding ticket, 28 over the limit. Todd called me and I need to say that all the reviews are true. He is very professional and carrying. If you want to get the right information and proper service, these are the guys you should call.Without a second doubt, I would definitely reach out to him if I ever need anything again and strongly recommend him to friends and family.
BIG THANKS Todd Brown for the great support.. yesterday I got a successful closure, stunt driving allegation was withdrawn and case was concluded as speed ticket with normal fine for payment within 60 days. It won't have been easy to understand requirements, process and paperwork required without relying on Todd's experience to handle the situation over the previous 4 months.
Hi ToddI have to say thank you for all your help and hard work in this case. To be honest, I can't even believe that the case was dismissed after 3 years, this is far better than any of the outcomes I could ever expect. I have to admit I am extremely satisfied and happy with the end result, thank you. I will definitely recommend your service to all my friends if they ever run into similar situations like mine. You are more than welcome to use my testimony anywhere you want, as your legal service is truly wonderful and professional, other people deserve to know your brand.All the Best,Ray
Todd is a very professional person, his expertise and manners are beyond description. He was able to dismiss all my charges,I was hoping to get a minimum ticket but he got it all dismissed, from day one he was honest and straight forward;no twisted promises or hidden fees. Thank you Todd for your efforts, definitely the best legal services.Amr
Todd Brown is the most professional and kind paralegal I had met in this country. When I called him in the first place I was so scared and sad and stressful about my tickets and the racketeering from the tow driver . Todd used his super power of observation and judgment to calm me down and help to work out the tough things even not in his case. And now , I feel so lucky to find him and I believe my case will turn out very well in the end and I am looking forward to hearing all the results because I believe he is the best !I trust him so much ! Thanks Todd , a lot !
Wouldn’t trust anybody else other than Todd for my legal needs. Knows the ins and outs and very professional and candid with his approach which is very much appreciated with these sensitive legal matters.
I'll cut right to the chase.Todd got a stunt driving charge withdrawn, which is out of the realm of what I was expecting for this charge. I highly recommend him.Outside of getting the charge withdrawn, he was hands-on, responded quickly to requests and was transparent from the jump. I felt like I received personalized service.Again, I highly recommend Todd and Mavericks and wouldn't hesitate to use them again.
Todd has represented me on several occasions. A true professional, Todd spares the filler and tells it as it is. Todd and the Mavericks team communicated with me throughout the legal process and years of COVID delays. Always a phone call or email away, Todd and his team had my back. Would strongly recommend his services, there are no hidden fees or hang ups, he is very transparent and upfront about costs and likelihood of case success.
I have rightfully entrusted Todd Brown with multiple large penalty driving tickets with successful outcomes every time. I would reccommend (and have to many - also with successful outcomes) Todd to anyone.
I have had the privilege of talking with Todd Brown to share my story and benefit from his professional experience. Conversations with him have been exemplary and I have learned a great deal. What I have experienced is communicating with a man who is informative, knowledgeable and dedicated to his field of work. You can feel comfortable - especially at a time of stress and anxiety - because he tells it the way it is - and does it in an honest, sincere and fully focused way. His mandate: to help and provide top notch results. Whether I won, or lost, my case, I truly am a lucky person and immensely indebted to him for his straightforward and trustworthy approach. While one would expect first class legal services, what I received was much more from an individual who is brilliant at his profession.Thank you, Todd. I write this hoping that others do the same as I did - call you and benefit from your admirable work.read more
If you want NO conviction, NO entry, and importantly NO fine Mavericks Legal Services is the way to go! The speeding ticket that was supposedly 4 demerit points dismissed thanks to Mavericks Legal Services. Todd Brown was exceptional from start to end. He is very attentive, knowledgable, approachable, quickly accessible and keeps you informed throughout the whole process. I was anxiously waiting as my trial date was postponed due to the backlog with the pandemic. But Todd reassured me throughout the whole process. I am so glad I chose Mavericks Legal Services and moved forward with Todd's advise. Definitely recommend their services!read more
I was recommended to Maverick Legal Servoces and in particular to ask for Todd and the person who recommended me was highly adamant on me not going anywhere else but to the best. Let me just say this, i could not be any happier with the job Todd did on my case. Extremely professional, and he gets to work right away. Todd got my case withdrawn and dropped and there was no better result then that. Initially i did not even think that was an option. I thought it was going to cost me thousands as xcopper had told me. Turns out i saved a lot of money and i highly highly recommend you go to Todd and Maverick Legal Services. When i went to xcopper and they told me they would get them to give me a lesser charge and that would be best case scenario, boy am i glad i was recommended to Todd. The retainer fee is most certainly worth it and i know if anything arises in the future i will be back and if anyone i know needs legal services, Todd and Maverick will be my one and only recommendation if you want the best person to handle your case. Thanks again Todd.read more
Listen up folks, Todd Brown from Mavericks Legal Services makes miracles happen.I was pulled over in January of 2023 for speeding and got hit with 4 tickets in one stop. Going in I thought that the best case scenario for me was that the 3 additional tickets would be dropped and the speeding would stick, but Todd was able to get all 4 of my tickets completely dropped.I highly recommend him to anybody that needs help fighting a ticket.
My experience with Todd was excellent. Not only was he incredibly knowledgeable regarding each of my questions for the duration we worked together he was also quick to respond and effectively helped me to get results we were looking for. I would recommend him any time, over and over again.