The proposed legislation includes
the offence of careless driving resulting in death or bodily harm with a maximum fine of $ 50,000.00, license suspension, and imprisonment.
Not exact matches
Richard Auger is a top impaired
driving defence lawyer who represents clients charged with all drinking and
driving related
offences including, impaired
driving,
driving over 80, refusal to give breath sample, impaired
driving causing death, impaired
driving causing bodily harm, dangerous
driving, dangerous
driving causing death, dangerous
driving causing bodily harm, failure to stop at the scene
of accident and
careless driving.
The headline points are: ● prolonged, persistent and deliberate bad
driving and consumption
of drink and drugs puts offenders in the most serious category with jail sentences
of at least seven years; ● a combination
of these features
of dangerous
driving accompanied by aggregating factors, such as a bad
driving record, attracts sentences towards 14 years; ●
careless driving under the influence
of drink or drugs provides for a longer sentence, as the degree
of intoxication increases; ● regarding mobile phones — an offender distracted by a handheld mobile phone when the
offence was committed will be treated as particularly serious; ● reading or composing texts over a period
of time at the wheel is also likely to result in a higher level
of seriousness and offenders should serve up to seven years in prison.
The Sentencing Guidelines Council has released its definitive guidelines to tackle four
offences: causing death by dangerous
driving; causing death by
careless driving under the influence
of alcohol or drugs; causing death by
careless driving; causing death by
driving unlicensed, disqualified or uninsured drivers.
Mr Page has experience
of complex
driving cases representing Defendants charged with Drink Driving / in charge, careless and dangerous driving, speeding and other motoring of
driving cases representing Defendants charged with Drink
Driving / in charge, careless and dangerous driving, speeding and other motoring of
Driving / in charge,
careless and dangerous
driving, speeding and other motoring of
driving, speeding and other motoring
offences.
Although
offences such as speeding or impaired
driving can be measured objectively by devices (radar and breathalyzer, respectively), a
careless driving charge is at the discretion
of a police officer.
Careless driving is also sometimes referred to as «reckless
driving» and is an
offence under Section 130
of Ontario's Highway Traffic Act («HTA»).
Careless driving of a snowmobile is also a specific
offence.
Because
of the size
of the minimum penalty, the new law may still allow those charged with the
careless driving offence to avoid appearing in court for victim impact statements, Global says, an aspect that troubles Brown.
I also handle road traffic cases, representing drivers facing prosecution for all types
of offence, from speeding right up to causing death by
careless or dangerous
driving.
From at least the 1940s, the Court has distinguished between, on the one hand, simple negligence that is required to establish civil liability or guilt
of provincial
careless driving offences and, on the other hand, the significantly greater fault required for the criminal
offence of dangerous
driving (American Automobile Ins.
Careless Driving Causing Bodily Harm or Death) The charge
of Careless Driving in Ontario is already a well - established
offence under -LSB-...]
Many
of the other
offences are already covered under
careless driving.
The new
offence of causing death by
careless driving, and its more serious penalty, reflects an established approach in the law.
But the judge then criticises the creation
of the new
offence of causing death by
careless driving, setting out the view that the criminal law should not extend to penalise negligence.