Arguably one of the most detrimental traffic tickets in Ontario, a conviction for careless driving causing death or bodily harm may result in a devastating fine, loss of your Ontario driving privileges, and even the possibility of incarceration. This type of matter can be complicated but the charge is defensible with an experienced paralegal.
Let’s Talk About Your Defence
A serious car accident involving one or more vehicles, or a pedestrian, that results in a fatality or serious bodily harm to another individual involved in the accident will result in the laying of this Ontario traffic ticket. This particular offence is a subsection 3 of the Ontario Highway Traffic Act’s Careless Driving section, which defines the behaviour as driving without due care or attention, or without reasonable consideration for others using the road.
Court-imposed penalties for careless driving causing death/bodily harm are as follows:
Post-conviction administrative penalty as per the Ministry of Transportation (MTO):
Careless Driving Causing Death/Bodily Harm is an aggravating provincial offence, and while a conviction may result in a jail sentence, it is not a criminal record. With that being said, on top of the above penalties a conviction can have dire car insurance consequences.
Despite being an aggravating offence, this traffic ticket is classified as an offence of “strict liability” which allows for the following defences:
Due Diligence – If the defendant can establish on a balance of probabilities that reasonable care and attention was taken at the time of the offence, it may may exculpate themselves and the driving behaviour. Drivers in Ontario are not to be held at a level of perfection.
Prove It – Even a serious/aggravating traffic ticket must have all of it’s essential elements proven beyond a reasonable doubt and the Crown prosecutor always has the burden of proving the case in court. Challenges to the Crown’s evidence through the use of Charter applications (for violated rights), cross-examination to determine evidence reliability and credibility, on top of any technical issues that may arise are all components of this defence.
