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Dangerous Driving The Criminal Code offence of dangerous driving is made out where viewed objectively, the driving is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place where the driving occurs and the amount of traffic there at the time or that might reasonably be expected. A dangerous driving conviction results in a criminal record and (in Ontario) an automatic one-year licence suspension (for a first offence). Drivers with previous convictions for dangerous driving or impaired driving may face a longer licence suspension (for example, see Section 41 of the Ontario Highway Traffic Act). A good lawyer may be able to have a Dangerous Driving charge reduced to a charge of Careless Driving. This is an excellent outcome as a conviction for dangerous driving is far worse than a conviction for careless driving. Although a conviction for careless driving will lead to higher motor vehicle insurance rates, it is not a criminal offence and therefore does not result in a criminal record. Nor does it lead to an automatic licence suspension. For driving to be deemed dangerous it must depart markedly from the standard of care of a reasonable person. By contrast, careless driving is made out where the defendant's driving departs sufficiently from the standard of a prudent and reasonable driver to make the driving deserving of punishment. For detailed no-charge 30 minute consultation, please contact our office. Careless driving Careless driving is one of the most serious charges under the Highway Traffic Act of Ontario. The Highway Traffic Act of Ontario defines careless driving as driving on a highway without due care and attention or without reasonable consideration for other persons using the highway. For detailed no-charge 30 minute consultation, please contact our office. PenaltiesA conviction for careless driving is punishable by a minimum fine of $200. The maximum fine is $1,000. If you're convicted, the court also can suspend your licence for up to two years and even put you in jail for up to six months. Under a Provincial Offences Act regulation a victim fine surcharge of between 20 and 25 per cent is added to the fine. For detailed no-charge 30 minute consultation, please contact our office. Demerit PointsA conviction carries six demerit points. Demerit points stay on your record with the Ministry of Transportation for two years from the date of conviction. A fully licensed driver with between 9 and 14 demerits points may be required to attend an interview before a ministry official to provide information or other evidence to show cause why his or her driver's licence should not be suspended. The Ministry may, after giving notice, suspend your driver's licence if you fail to attend the required interview; do not comply with the Ministry's requirements as a result of the interview; or do not show cause at the interview why your licence should not be suspended. If you accumulate 15 demerit points, the Ministry will suspend your licence. You will not get it back until 30 days from the date you surrender it or two years from the date of the suspension, whichever comes first. After further demerit-point suspensions you may not get your licence back until six months elapse from the date you surrender it or two years from the date of the suspension, whichever occurs first. For detailed no-charge 30 minute consultation, please contact our office. Insurance risk pointsA conviction for careless driving also has serious consequences for your motor vehicle insurance. Insurance companies rank driving offences as minor, major or serious and assign insurance risk points to each category. Serious convictions are the worst and carry four risk points. If the driver has been licensed for less than four years, the insurance risk points attaching to a conviction are doubled. Risk points are to be distinguished from demerit points. Demerit points are imposed by the Ministry of Transportation for conviction of offences under the Highway Traffic Act. A conviction for careless driving is treated as a "serious" conviction for insurance purposes. The following Criminal Code offences are also considered "serious" and entail four insurance risk points:
Highway Traffic Act offences:
(A G1 or G2 licence holder is a "novice" driver.) For detailed no-charge 30 minute consultation, please contact our office. Non-renewal of your insuranceMost insurance companies will not renew your insurance or accept you as an insured if you accumulate four insurance risk points. You will have no choice but to buy insurance through a company specializing in high-risk drivers such as Facility Association. Such companies charge higher premiums. A serious conviction will result in a surcharge. Facility Association, will impose a surcharge of 100 per cent, doubling your base premiums. Other insurance companies impose similar surcharges. Surcharges will apply to your insurance for three years. Minor convictions carry one insurance risk point. Major convictions result in two points. An at-fault collision carries two points. Examples of minor convictions:
Examples of major convictions:
(A "qualified driver" is someone who has attained an Ontario Class G licence and has four years of driving experience.) Insurance companies have access to your driving record for the past three years (and the past six years for claims). For detailed no-charge 30 minute consultation, please contact our office. |
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