When comparing a careless driving vs speeding ticket, there’s no contest—careless driving is the most serious non-criminal driving violation under Alberta’s Traffic Safety Act. If you’re facing either charge, here’s exactly what you need to know.
Key Takeaways
- Careless driving is the most serious violation under the Alberta Traffic Safety Act—far more serious than a speeding ticket.
- A careless driving charge is based on a police officer’s judgment that you were endangering others.
- Careless driving charges are often laid when multiple violations happen at the same time.
- Both charges are worth fighting, but careless driving is especially so.
Careless Driving vs Speeding Tickets
What Is Considered Careless Driving in Alberta?
Careless driving isn’t as black and white as speeding. Rather than being tied to a specific number on the speedometer, it’s based on the officer’s assessment that your driving put other people at risk.
To convict you, the prosecution must prove beyond a reasonable doubt that you were endangering others. That gives you room to fight the charge.
Careless driving can be applied to a wide range of behaviours, including:
- Driving aggressively or tailgating
- Racing another vehicle on a public road
- Driving without headlights in low visibility
- Driving in a bike lane
- Performing manoeuvres that could startle or endanger other drivers (such as doing doughnuts in a parking lot)
What Warrants a Speeding Ticket in Alberta?
Speeding tickets are more straightforward. Every road has a posted speed limit, and if you are driving above it, you can be ticketed. Fines and demerit points scale based on how far over the limit you were travelling.
Why Would a Police Officer Charge You with Careless Driving Instead of Speeding?
The consequences of careless driving are much more severe than speeding, so why would a police officer choose to hand out the more serious charge? There are a number of reasons:
- A Near Accident
As an example, let’s say you changed lanes and it caused another car to swerve off the road. If you were speeding, a police officer could give you a ticket for going too fast and leave it at that. They might see careless driving as a more appropriate charge, though, given that your actions caused immediate danger to the other driver and potentially others, as well.
- You Were Driving Dangerously, Whether You Were Going Fast or Not
Careless driving vs. speeding tickets isn’t always the only debate a police officer will have when deciding what to charge you with. If you were caught weaving through traffic, tailgating, or changing lanes aggressively, it may not matter whether you were going above the speed limit or not.
If it’s deemed that you were putting others at risk, a careless driving ticket is a real possibility. If you were speeding while doing any of those things, it likely only made it more risky in the eyes of the law.
- Road Conditions Were Bad
Speeding on a sunny day in the middle of the summer is one thing. Going 30 km/hour above the speed limit on an icy day with snow and poor visibility is probably going to be a lot more dangerous. When a police officer is considering reckless driving vs speeding, it’s not uncommon for them to take the driving conditions into account.
- There Were Multiple Violations
Chances are, if you were caught speeding and that’s the only thing you were doing wrong, you’ll only get a speeding ticket. If you were speeding while texting on your phone, not signalling properly, or anything else at the same time, that’s when a careless driving charge becomes a stronger possibility.
- You Were Racing
You’re not allowed to race your car on public roads in Alberta, plain and simple. If a police officer catches you, and it’s speed racing vs reckless driving, it likely won’t matter how many kilometres per hour above the speed limit you were going.
If you were racing, it’s not just about how fast you were driving; it’s about the fact that you were endangering others by racing another car. In those cases, if it’s careless driving vs a speeding ticket, you should expect a careless driving charge.
Careless Driving vs a Speeding Ticket: The Consequences
Careless driving comes with much more serious repercussions than a speeding ticket. That’s not to say a speeding ticket isn’t worth fighting, only that the consequences are much less severe than what you face when you’re charged with careless driving.
With a careless driving ticket, you’ll receive:
- 6 demerit points
- A mandatory court appearance
- A minimum fine of $862, a maximum fine of $2,000
- Major increases to the insurance premiums you pay
Compare that to a speeding ticket. The fines and demerit points you receive depend on how fast you were going over the speed limit.
- 1-15 km/hour: 2 demerit points and a fine between $81 and $126
- 16-30 km/hour: 3 demerit points and a fine up to $249
- 31-49 km/hour: 4 demerit points and a fine of up to $723
- 51 km/hour or more: Mandatory court appearance and a fine up to $2,000
Fight Your Tickets with We Defend
A careless driving charge doesn’t have to stick. Because the charge relies on an officer’s opinion that you were endangering others (and that must be proven beyond a reasonable doubt), an experienced defence team can challenge whether your actions truly fell below the standard of a reasonable driver.
At We Defend, our team knows exactly how to build that case. Whether you’re fighting a careless driving charge or a costly speeding ticket, we’ll work to protect your record, your premiums, and your licence.
Contact We Defend today for a free consultation.
FAQ
What Is the Best Defence for Careless Driving?
It will depend on the specifics of your case, but a careless driving charge depends on the police officer’s opinion that your actions put others at risk. That needs to be proven beyond a reasonable doubt, so arguing that you were being safe despite the violation can be very effective.
Is Careless Driving a Criminal Offence in Alberta?
No—careless driving is serious, but it is not a criminal charge. It falls under the Alberta Traffic Safety Act. That said, the demerit points, fines, and insurance consequences make it well worth contesting.