Representation on a careless driving charge under section 130
A careless driving charge is laid under section 130 of Ontario's Highway Traffic Act and is answered in a Provincial Offences Court. Karb Law acts for drivers on that charge from the day the notice or summons is served. The firm asks for the prosecutor's evidence, meets the prosecutor, runs the trial and, after a conviction, files the appeal.
Angelina Shuster is a paralegal licensed by the Law Society of Ontario. Proceedings under the Provincial Offences Act are within a licensed paralegal's scope of practice under By-Law 4, and section 50 of that Act lets a defendant appear and act through a representative. This page is general information about procedure and is not legal advice. Reading it creates no paralegal-client relationship.
What section 130 makes an offence
The offence is in subsection 130(1) of the Highway Traffic Act. It can be committed in two ways. The charging document says which one the officer alleges, and it can allege both.
Driving without due care and attention
This wording is about the driver's own care and attention while the vehicle is moving.
Driving without reasonable consideration for other persons using the highway
This wording is about the people around the vehicle: other drivers, passengers, cyclists and pedestrians on the same road.
Subsection 130(5) widens the second way. A person is deemed to drive without reasonable consideration if they drive in a manner that may limit their ability to prudently adjust to changing circumstances on the road.
Three details of the section decide whether it applies at all. It covers a "vehicle or street car", which is wider than a motor vehicle. It applies on a highway and in a "specified place", a term the Act defines to include a parking lot, structure or garage. And subsection 130(7) gives the prosecution a time limit: no proceeding may be started more than two years after the events it is based on.
What the firm does on a careless driving file
- Reads the offence notice or summons for the subsection charged, the date and place alleged, and the court date or deadline printed on it.
- Sends the response to an offence notice, or attends the first date named on a summons.
- Asks the prosecutor's office in writing for the officer's notes, the witness statements, the collision report, the photographs and any video.
- Compares that evidence with the two ways the offence can be committed, one at a time.
- Meets the prosecutor to discuss the charge. Whether anything is offered is the prosecutor's decision, and whether to accept it is the driver's.
- Conducts the trial: questions the officer and the other witnesses, calls the defence evidence and makes submissions, including on sentence.
- Files the notice of appeal after a conviction and argues the appeal.
Because section 50 allows appearance by a representative, the driver does not have to attend every date in person. Dangerous operation of a vehicle is a different charge, laid under the Criminal Code. The firm's work on summary conviction offences is described under criminal matters.
Two charges in one section, and what each can carry
Section 130 holds two offences. The second, in subsection (3), applies when the same driving causes bodily harm or death to any person. The figures below are the ranges written in the Act. The court sets the sentence inside them.
- Careless driving, subsections 130(1) and (2)Causing bodily harm or death, subsections 130(3) and (4)
- FineCareless drivingNot less than 400 and not more than 2,000 dollarsCausing bodily harm or deathNot less than 2,000 and not more than 50,000 dollars
- ImprisonmentCareless drivingUp to six months, instead of the fine or with itCausing bodily harm or deathUp to two years, instead of the fine or with it
- Licence suspensionCareless drivingUp to two years, if the court orders oneCausing bodily harm or deathUp to five years, if the court orders one
- Demerit pointsCareless drivingSixCausing bodily harm or deathSix
On a conviction under subsection (3), subsection 130(6) tells the court to count it as an aggravating factor that the person harmed was vulnerable, for example a pedestrian, a cyclist or a person working on the highway.
The lower fine range is due to change. A 2026 amendment replaces it with not less than 1,000 and not more than 5,000 dollars, starting on a day the provincial government has yet to name. Until that day the Act shows the range in the table.
Six demerit points, and what they do to a licence
Ontario Regulation 339/94 records six points for a conviction under section 130. Points are added up across offences committed within any period of two years. For a fully licensed driver the regulation sets three stages:
- 6 to 8
The Registrar mails a notice that sets out the number of points.
- 9 to 14
The Registrar may require an interview, where the driver shows cause why the licence should not be suspended.
- 15 or more
The licence is suspended. A first suspension runs 30 days from the day the licence is surrendered, and a later one runs six months.
A novice driver reaches these stages sooner. At 6 to 8 points the Registrar may require the interview. At nine or more the licence is suspended, for 60 days the first time. So one careless driving conviction puts a fully licensed driver with a clean record at the notice stage, and a novice driver at the interview stage.
How the charge arrives: an offence notice or a summons
An offence notice
A proceeding under Part I of the Provincial Offences Act starts with a certificate of offence, and the driver receives an offence notice. Where the notice shows the option, section 5.1 allows a request for a meeting with the prosecutor within 15 days of the notice being served, in place of a notice of intention to appear.
A summons
Under section 22 an officer who finds the person at or near the place of the offence may serve a summons before an information is laid. That starts a proceeding under Part III. The summons names the court and the date of the first appearance.
From the first court date to an appeal
- The driver or the representative answers the notice, or attends on the date in the summons. If nobody appears at a hearing, section 54 lets the court hear the matter in the defendant's absence.
- The prosecutor's evidence is requested and read before the charge is discussed with anyone.
- The representative meets the prosecutor. A plea is the driver's decision alone.
- At trial the prosecutor calls the officer and any witnesses. The defence questions them and may call its own evidence. The court then decides whether the offence in subsection 130(1) or 130(3) was proved.
- On a conviction the court sets the penalty within the ranges of the section.
- In a proceeding started by certificate, section 135 gives 30 days from the decision to file a notice of appeal, which has to state the reasons for the appeal. A provincial judge of the Ontario Court of Justice hears it.
What to have ready before the first call
- the offence notice or the summons, both sides;
- the date it was handed over, because the 15 days run from service;
- the class of the driver's licence and any points already on the record;
- photographs of the vehicles and the road, and dashcam video if there is any;
- the names of passengers and of anyone who saw the driving;
- the collision report number, if police attended;
- any letter from an insurer about the same collision.
The office is at 10211 Yonge Street in Richmond Hill. To start, send a photo of the notice or summons through the free assessment form or contact the office. The firm page shows who works on these files, and the other court and tribunal work is listed under practice areas. If another driver sues over the damage from the same collision, that is a separate civil matter, covered under defending a Small Claims Court claim.
Frequently asked questions
What is careless driving under Ontario law?
Subsection 130(1) of the Highway Traffic Act makes it an offence to drive a vehicle or street car on a highway or in a specified place without due care and attention, or without reasonable consideration for other persons using it.
Can a paralegal represent a driver charged with careless driving?
Yes. Section 50 of the Provincial Offences Act lets a defendant appear and act by representative, and proceedings under that Act are within the scope of practice of a paralegal licensed by the Law Society of Ontario under By-Law 4.
How many demerit points does a careless driving conviction carry?
Six, under Ontario Regulation 339/94. A fully licensed driver gets a notice at 6 to 8 points and a suspension at 15. A novice driver's licence is suspended at nine or more points.
What is the penalty for careless driving causing bodily harm or death?
Subsection 130(4) sets a fine of not less than 2,000 and not more than 50,000 dollars, imprisonment of up to two years, or both. The court may also suspend the licence for up to five years.
Is there a time limit for laying a careless driving charge?
Yes. Subsection 130(7) of the Highway Traffic Act says no proceeding for an offence under the section may be started more than two years after the events the proceeding is based on.
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