Firstly, you will most likely be charged with Careless Driving if you have rear-ended another vehicle or are involved in an accident which the police have determined reasonable grounds exist to lay a charge against you.
Secondly, don’t panic! As a strict liability offence, you have the defense of due diligence on your side. The prosecution has to prove the elements of the offence beyond a reasonable doubt. These include operating a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway.
Thirdly, there is established case law in Ontario that can support a defense to the charge of Careless Driving. Because the prosecution has to establish beyond a reasonable doubt that you drove a vehicle on a highway without due care and attention or without reasonable consideration.
Fourthly, a conviction can result in serious penalties and consequences. If you’ve been issued an Offence Notice on the side of the road, you have most likely received a $400.00 set fine. A summons will provide you with a First Appearance date to speak to the matter in court.
In closing, it is in your best interests to seek legal advice for all of the reasons mentioned above. Choose a professional paralegal services provider such as Whalen Legal Services to fiercely and effectively assist you in achieving the best outcome.
The penalties associated with this charge include a fine of not less than $400 & not more than $2000, up to six months imprisonment, or to both, and/or a driver’s licence suspension of not more than two years.
Six demerit points are administratively added to your driver record upon conviction.
- Fine of not less than $400 and not more than $2000; or
- Six months imprisonment, or to both
- Driver’s Licence suspension not more than two years
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