Yes, it is possible to plead down a criminal impaired driving charge to the provincial offence of Careless Driving under the Highway Traffic Act in Toronto. This highly desirable plea bargain avoids a permanent criminal record, jail time, and the mandatory one-year criminal driving prohibition.
Understanding Plea Bargains for Impaired Driving in Ontario
Being charged with impaired driving or Over 80 in Toronto brings the terrifying prospect of a permanent criminal record, which can destroy career opportunities and prevent international travel 😞. Naturally, the most common question clients ask their criminal defence lawyer is if the charge can be reduced to a mere traffic ticket. In Ontario, this process is known as negotiating a plea deal for a lesser, non-criminal offence .
The most common provincial offence used in these negotiations is “Careless Driving” under the Highway Traffic Act 🧐. It is vital to understand that Crown Attorneys in Toronto do not hand out these deals simply because you are a “good person” or a first-time offender. They will only offer a Careless Driving plea if your lawyer can prove that there is a significant legal risk the Crown might lose the case if it goes to a full criminal trial .
Step-by-Step Process in Toronto
Successfully negotiating a plea down to Careless Driving requires strategic maneuvering by a skilled law firm 📍. Here is how your lawyer will approach the Ontario Court of Justice to protect your future .
Step 1: Retain a Criminal Defence Lawyer
You cannot negotiate this type of deal on your own 💼. Crown Attorneys require a sophisticated legal argument to justify dropping a criminal charge. You must hire a Toronto defence lawyer immediately after your arrest, before your first court appearance at locations like the College Park or Scarborough courthouses .
Step 2: Scrutinize the Crown Disclosure
To win a plea bargain, your lawyer needs ammunition 📁. They will formally request all evidence from the police, including the Intoxilyzer maintenance logs, breath room videos, and the arresting officer’s notes. Your lawyer’s goal is to find procedural errors, Charter of Rights violations (like a delayed right to counsel), or inconsistent witness statements .
Step 3: Conduct a Crown Pre-Trial (CPT)
Your lawyer will schedule a formal meeting with the prosecuting Crown Attorney 💬. During this CPT, your lawyer will highlight the weaknesses in the police evidence. They will argue that rather than wasting court resources on a trial the Crown might lose, it is in the public interest to allow you to plead guilty to Careless Driving instead .
Step 4: Enter the Plea and Pay Fines
If the Crown agrees, a new court date is set 💭. The Crown will formally withdraw the criminal impaired driving charges, and a new provincial charge of Careless Driving will be laid. You will plead guilty to this traffic ticket, pay the agreed-upon fine, and walk out of the courthouse without a criminal record .
How Much Does it Cost in Toronto?
Securing a Careless Driving plea deal saves you from the massive financial fallout of a criminal conviction, but it does involve initial legal and provincial costs 💵.
| Expense Type | Estimated Cost in CAD | Details |
|---|---|---|
| Criminal Defence Lawyer | $3,500 – $7,000+ | Block fee for early resolution and intense Crown negotiations. |
| Careless Driving Fine | $400 – $2,000 | Payable to the provincial traffic court upon pleading guilty. |
| Victim Fine Surcharge | 25% of the fine | A mandatory provincial surcharge added to all traffic tickets. |
- Insurance Hikes: Careless Driving is considered a “major” conviction by auto insurance companies in Ontario. While not as devastating as a criminal DUI, your insurance premiums will still likely double or triple for the next 3 to 6 years.
- Administrative Fees: You must still pay the $281 CAD reinstatement fee to ServiceOntario to get your licence back after the initial 90-day roadside suspension expires.
How Long Does the Process Take?
Negotiating a plea deal is generally much faster than proceeding to a full criminal trial ⌛. Once your lawyer has received all the police disclosure, they can often schedule a Crown Pre-Trial within a few weeks. The entire process of pleading down to Careless Driving is typically resolved within 3 to 9 months from the date of your arrest, freeing you from the stress of a looming trial .
Frequently Asked Questions (FAQ)
What exactly is Careless Driving?
Careless Driving is a provincial offence under the Ontario Highway Traffic Act. It means you drove a vehicle without due care and attention or without reasonable consideration for others. Crucially, it is a traffic ticket, not a criminal offence, so you will not receive a criminal record.
Will I lose my driver’s licence if I plead to Careless Driving?
Not necessarily. While a justice of the peace has the power to suspend your licence for up to two years for Careless Driving, plea deals often include an agreement that there will be no further licence suspension beyond the 90 days you already served at the roadside.
Do I get demerit points for Careless Driving?
Yes. A conviction for Careless Driving in Ontario carries 6 demerit points. If you already have a poor driving record, accumulating these points could trigger a separate licence suspension review by the Ministry of Transportation (MTO).
Will this plea deal show up on a background check?
A Careless Driving conviction will appear on your provincial driving abstract for three years, which your insurance company can see. However, because it is not a criminal offence, it will not appear on a standard criminal background check used for employment or border crossings.
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