Written by Stewart Dixon
Careless driving charges are a big deal in Alberta and come with a mandatory court appearance. That only adds to the stress, especially because there’s a wide range of offences that can qualify as careless driving. Knowing what to expect in court is important, and working with traffic court experts like the team at We Defend will help ensure you show up on your court date knowing what to expect and ready to put forward the best possible case.
In our experience, clients who fight careless driving charges avoid full conviction in X out of Y cases.
Key Takeaways
- Careless driving in Alberta carries a mandatory court appearance, 6 demerit points, fines between $862 and $2,000, and major insurance premium increases
- Because you’re going to court regardless, fighting the charge almost always makes more sense than pleading guilty
- The Crown must prove beyond a reasonable doubt that your driving endangered others – that standard creates real room for defence
- Disclosure forces the prosecution to present all evidence against you, including the officer’s notes – errors and inconsistencies in that documentation are often where cases turn
- Many careless driving charges are resolved before trial at the First Appearance Centre, where prosecutors can reduce or negotiate charges
- Outcomes from fighting a charge can include full dismissal, reduction to a lesser offence like speeding, or reduced fines with no demerit points
What Happens After You Get a Careless Driving Charge?
When you get a careless driving charge, the first thing to remember is not to panic. Yes, it’s a serious charge under the Alberta Traffic Safety Act, but there are pathways to beating the charges or getting them reduced when you go to traffic court. Fighting the ticket with traffic court experts is almost always the right move, especially because you’ve got a mandatory court appearance anyway.
But the repercussions of being found guilty of careless driving are real, and you need to understand what’s at stake. They include:
- 6 demerit points
- A minimum fine of $862 and a maximum fine of $2,000
- Major increases to your insurance premiums
In Alberta, a careless driving conviction can increase insurance premiums by 25% to 50% or more, and that increase typically follows you for three to five years, meaning the real cost of a guilty plea can easily reach $5,000 or more over time.
One important thing to understand, though, is that for you to be convicted of careless driving, the officer who charged you will have to prove beyond a reasonable doubt in court that your actions endangered others. Through disclosure, you and the traffic court experts you hire will be able to review the evidence they’ve got against you and craft a reasonable defence that you didn’t endanger anyone else or acted with due diligence while you were driving.
How Fighting a Careless Driving Charge Works with We Defend
1. Mandatory Court Appearance
While it’s almost always worth it to fight traffic tickets, most offences do come with the option of paying your fine, accepting the consequences and moving on. Not careless driving. There’s a mandatory court appearance that comes with a careless driving ticket, regardless of whether you’re pleading guilty.
This will be the first thing our team flags. You may still choose to plead guilty, but if you’re going to court anyway, it generally makes sense to hire a team that can help try to get the charges reduced or dismissed. Even a reduction can make a huge difference, as getting a careless driving ticket reduced to a speeding ticket, for example, will lead to much smaller fines and fewer demerit points.
2. Initial Case Review
When you contact We Defend, you’ll share your ticket with us, and we’ll take a look at the specifics of your case. Our experienced eyes will look for inconsistencies, errors or anything else that could help your case and then give you an honest assessment of how to proceed.
This is particularly important with careless driving charges, as they can encompass any number of violations, including:
- Racing another car
- Tailgating too closely
- Driving over-aggressively
- Driving in the wrong lane
- Driving or stunting in a way that endangers other people on the road
Understanding exactly what you were charged with is the first step in crafting a defence strategy, and a traffic court expert will be able to help clarify anything you don’t understand while plotting a path forward.
3. Filing for Disclosure
When you file for disclosure, the prosecution has to present all the evidence it has against you, so it’s important to take this step and file for disclosure as soon as a court date has been set.
That evidence will include the officer’s notes from when you were charged with careless driving, and the traffic court expert you hire will rigorously dig into that evidence to look for any errors, inconsistencies or missing information in how the charge was documented.
4. Building the Defence
The specifics of your charges will dictate the details of your defence, but it’s important to remember that the Crown prosecutor will need to prove beyond a reasonable doubt that you, as a driver, were driving in a way that endangered others.
The traffic court expert you work with needs to craft a case that shows that either you didn’t meet that threshold or that due diligence was paid. The court will consider factors like traffic conditions, road conditions, and whether an accident actually occurred when they decide if you’re guilty of careless driving, so there are multiple avenues to plead your innocence.
5. First Appearance/Early Resolution
This is where many cases are resolved before they ever go to trial, including careless driving charges. At the First Appearance Centre, prosecutors have the authority to review your case and deal with the matter, and it’s an opportunity for a ticket fighter to negotiate a reduction.
6. Trial (If No Early Resolution)
If early resolution isn’t found and the case proceeds, having a traffic court expert in your corner will be a huge benefit if the case goes to trial. They’ll represent you in court, cross-examine the officer and present your defence.
If the officer who charged you with careless driving doesn’t show up in court, that gives you extra leverage because the charge is typically stayed.
Realistic Outcomes for a Careless Driving Charge
The consequences of pleading guilty to a careless driving ticket are pretty serious. When you consider the fact that you have a mandatory court appearance anyway, it almost always makes sense to fight the ticket.
But why?
The possible outcomes of fighting a careless driving charge include:
- Charges being dismissed entirely
- Reduction to a lesser charge, like a speeding violation
- Reduced fines with no demerits
Any of these options is better than simply paying your fine and accepting the repercussions. That goes beyond the cost of the fine, which will often be reduced when you fight a ticket. The long-term costs of paying for increased insurance premiums often dwarf what you’ll pay in fines, so even a partial reduction that avoids a careless driving conviction has real-world financial value.
Fight Careless Driving Charges with We Defend
The majority of careless driving cases We Defend takes on result in a charge reduction or dismissal. Getting charged with careless driving in Alberta is scary, but having traffic court experts like the team at We Defend in your corner gives you the best possible chance of reducing fines, demerit points and avoiding big increases in insurance premiums.
Tell us about your ticket, and we’ll get started building your defence today.
FAQ
Is careless driving a criminal offence in Alberta?
No. Careless driving in Alberta is a provincial offence under the Traffic Safety Act, not a criminal charge under the Criminal Code of Canada. That means it won’t result in a criminal record. It does, however, carry serious consequences, including 6 demerit points, fines up to $2,000, and significant increases in insurance premiums, which is why it’s worth fighting.
What is the difference between careless driving and dangerous driving in Alberta?
Careless driving is a provincial offence under the Traffic Safety Act. Dangerous driving is a criminal offence under the Criminal Code of Canada and carries far more serious consequences, including the possibility of imprisonment. The two charges can stem from similar behaviour, but dangerous driving requires proof of a higher level of risk. Careless driving is the more commonly laid charge.
How long does a careless driving charge stay on your record in Alberta?
Demerit points from a careless driving conviction remain on your driving record for two years from the date of the offence. The conviction itself, however, can affect your insurance premiums for significantly longer — typically three to five years — which is one of the most important reasons to fight the charge rather than simply pay the fine.
What is the best defence for a careless driving charge?
It depends entirely on the specifics of your case: what you were charged with, the officer’s notes, road and traffic conditions at the time, and whether an accident occurred. A traffic court expert will review the disclosure evidence and identify the strongest available defence, whether that’s challenging the officer’s account, demonstrating due diligence, or negotiating a reduction at the First Appearance Centre.
What happens if the officer doesn’t show up to court?
If the officer who issued your careless driving charge doesn’t appear in court, the charge is typically stayed, meaning the case is effectively dismissed. This happens more often than most people expect, and it’s one of several reasons why showing up prepared to fight your charge is always worthwhile.
Do I need a lawyer or can a traffic court expert handle my careless driving case?
Careless driving is a provincial traffic offence, not a criminal charge, so you don’t need a criminal lawyer. A qualified traffic court expert, like the team at We Defend, can handle the full process: reviewing your ticket, filing for disclosure, negotiating at the First Appearance Centre, and representing you at trial if needed.
About the Author
Stewart Dixon is the head of We Defend Tickets. He and his team have been committed to providing honest and exceptional service for Alberta drivers for over two decades, during which We Defend Tickets has successfully represented countless clients.
Stewart believes that you always have the right to the best possible defence when it comes to traffic tickets and driving violations. With him on your side, you’ll be able to fight the charges against you with confidence that you’ll achieve the best possible outcome.