Nov 12

When you are charged with an impaired driving or excess blood alcohol offence, it can be a concerning and frustrating position to find yourself in. Your car has been impounded, your driver’s license has been suspended, you have been given a fingerprint date, and you have no idea what you do at a first court appearance. The person typically facing an impaired charge is someone who has had no previous involvement with the criminal justice system.

How can my Impaired Charged (DUI) be withdrawn?

All criminal charges can be withdrawn by the Crown. The Crown is obligated to screen all criminal matters to determine if there is a reasonable prospect of conviction and whether there is a public interest in proceeding with that matter. After the matter has been screened by the Crown, a criminal charge can be withdrawn at any point if the Crown determines that they should.

Impaired driving, and other driving offences, such as dangerous driving are different since the Crown is less likely to withdraw the matter. The likely resolution to a DUI charge is a careless driving resolution.

What is Careless Driving?

Careless Driving is an offence pursuant to s. 30 of the Highway Traffic Act. If you were to plead to a careless driving resolution, your criminal charges would be withdrawn, and you would have no criminal record.

Under the Highway Traffic Act, careless driving is defined as the following:

“Every person is guilty of the offence of driving carelessly who drives a vehicle or streetcar on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

The punishment for careless driving is a minimum fine of $400.00, and a maximum of $2,000.00.

If you resolve a DUI charge by way of a careless driving plea, the sentence is typically $1,000.00 and a 12-month Provincial Offences Act probation order. The purpose of the probation order is to control your driving. The order does so by imposing conditions to have a car breathalyzer (also known as an ignition interlock) installed in your vehicle, to only allow you to drive with a zero-blood alcohol, and to have you complete the Ministry of Transportation program called “Back on Track”. These are typically the probation conditions when a careless plea is completed but the conditions may vary depending on the case and the specific jurisdiction.

How can I get a Careless Driving resolution?

Lockyer Zaduk Zeeh can help you when you are feeling overwhelmed. Our experience defence counsel have a successful track record of securing careless driving resolutions for client’s charges with impaired driving offence. If you are charged with a DUI or a driving offence, please contact LZZ at 416-613-0416 or by e-mail at to schedule a consultation with one of LZZ’s experienced DUI lawyers.