Dangerous Driving vs Careless Driving in Ontario

The short answer

The difference between careless and dangerous driving is the difference between a provincial offence and a criminal record. Careless driving is a lack of due care. Dangerous driving is a marked departure from how a reasonable driver would drive in the same situation. Many dangerous driving cases are resolved as careless driving when the evidence supports it, which is why understanding the line between the two is so important.

The legal difference

Careless driving (Highway Traffic Act)

• Standard: Driving without due care and attention, or without reasonable consideration for others.
• Level of fault: A lack of care is enough.
• Record: A conviction does not create a criminal record.

Dangerous driving (Criminal Code s. 320.13)

• Standard: Driving that is dangerous to the public.
• Level of fault: A marked departure from what a reasonable driver would do.
• Record: A conviction creates a criminal record.

For example, rear-ending someone after glancing at your phone is usually careless driving. Weaving through traffic at twice the speed limit is more likely to be dangerous driving.

How courts decide where the line is

Courts look at the driving as a whole, not just the result. They consider the speed, the traffic and road conditions, how long the risky driving lasted, whether it was deliberate, and whether there were warning signs the driver ignored. A serious crash does not automatically mean the driving was dangerous in the criminal sense. The focus is on how far the driving fell below the standard of a reasonable driver.

Is there careless driving causing death in the Criminal Code?

There is no such offence in the Criminal Code. Where someone dies, the possible charges include:

• Dangerous operation causing death: This is a Criminal Code offence with a maximum of life.
• Criminal negligence causing death: This is a Criminal Code offence under s. 220, with a maximum of life.
• Careless driving causing death: This is a provincial Highway Traffic Act offence.

Penalties compared

Careless driving

• Penalties: A fine of up to $2,000, jail of up to 6 months, a licence suspension of up to 2 years and 6 demerit points.

Careless driving causing bodily harm or death

• Penalties: A fine of $2,000 to $50,000, jail of up to 2 years, a licence suspension of up to 5 years and 6 demerit points.

Dangerous driving

• Penalties: Up to 10 years by indictment, and more with injury or death, plus a court driving prohibition, an Ontario suspension and a criminal record.

Can a dangerous driving charge be reduced to careless driving?

It sometimes can. The Crown may withdraw the dangerous driving charge in exchange for a plea to careless driving, especially when the evidence of a marked departure is weak, the driving was brief, no one was seriously hurt and you have a good driving record. No one can promise this result, because it depends on the evidence and the Crown's view.

How the two cases move through court

A careless driving charge is a provincial offence, usually heard in the Provincial Offences Court, while a dangerous driving charge is heard in the Ontario Court of Justice under the Criminal Code. When a dangerous driving charge is resolved with a careless driving plea, the Crown usually arranges for both matters to be dealt with together on the same day.

Effects of each outcome

• Careless driving: You receive demerit points, a fine and possibly a suspension, and your insurance may rise, but you have no criminal record.
• Dangerous driving: You receive a criminal record, a driving prohibition and a mandatory Ontario suspension, with possible immigration and travel consequences.

What about stunt driving?

Stunt driving is a Highway Traffic Act offence with a roadside suspension and impound. Police may also lay a dangerous driving charge if the driving is serious enough. See stunt vs dangerous driving.

What to do now

• Do not plead guilty to anything before a lawyer reviews the disclosure.
• Keep any dashcam footage and photos of the scene, the road and the vehicles.
• Gather your driving record and any proof of completed driving courses.

The evidence that decides the issue

Whether a case is treated as careless or dangerous often depends on a few pieces of evidence. Speed estimates, dashcam video, the length of the risky driving and the traffic at the time usually matter most. Witnesses may describe the same driving very differently. Their statements should be compared with any video or data. Small details, such as the timing of a lane change, can change the picture. Your own driving history can also help show that a single incident was out of character. A clean record over many years is often one of the strongest points in favour of a careless driving resolution.

What happens after you are charged

1. Release: Most people charged with dangerous driving are released, sometimes with a condition not to drive.
2. Disclosure: The Crown provides officer notes, witness statements, photos and any video or vehicle data.
3. Crown pre-trial: Your lawyer can ask the Crown to resolve the case as careless driving, with reasons based on the evidence.
4. Resolution or trial: If no agreement is reached, the case goes to trial on whether the driving was a marked departure.

Careless driving and young drivers

Drivers with a G1 or G2 licence face extra consequences under Ontario's graduated licensing system, even for provincial offences. A careless driving conviction can lead to a longer suspension or affect your ability to move to the next licence level. Get advice before you plead to any driving offence as a new driver, because the provincial consequences can last longer than you expect.

How we can help

We can review the disclosure and make the case to the Crown for a careless driving resolution where the facts support it. Call (647) 223-1980 for a free consultation.

Frequently asked questions