Every successful defence begins with a clear plan. With over two decades of experience, we’ve developed a proven four-step case assessment process that guides you from uncertainty to resolution with confidence and clarity.
Impaired Driving Defence Centre
DUI Defence Services -
REDUCING A DUI TO CARELESS DRIVING
Schedule a FREE assessmentA DUI charge does not have to end with a criminal record. At AveryLaw, we have helped many clients charged with impaired driving, Over 80, or refusal to provide a sample have their charges reduced to Careless Driving under s.130 of the Highway Traffic Act — a traffic ticket instead of a criminal conviction.
Why it matters:
- No criminal record
- No permanent damage to your ability to work, travel, or get insured
- You pay a fine and face demerit points, but you avoid the life-changing penalties of a DUI conviction
Careless driving is still a serious offence, but it is not a crime. That means your name does not end up in the criminal record system, and you keep your future options open.
Getting there takes more than luck. It requires an experienced DUI lawyer who knows how to spot weaknesses in the Crown’s case, build a trial-ready defence, and use that leverage to negotiate a better outcome. When prosecutors see we are ready and able to win at trial, they are far more likely to offer a resolution that keeps your record clean.
The sooner we get started, the more options we have to protect your licence and your future. Call us today for a confidential consultation and find out how we can help you get your DUI reduced to careless driving.
Frequently Asked Questions
Q: What is the difference between a DUI and careless driving in Ontario?
A: A DUI is a criminal offence under the Criminal Code of Canada and results in a criminal record, mandatory licence suspensions, and possible jail time. Careless driving is a provincial traffic offence under the Highway Traffic Act — it carries fines, demerit points, and possible short suspensions, but no criminal record.
Q: Can a DUI be pleaded down to careless driving?
A: Yes, in some cases a DUI can be reduced to a careless driving charge through strategic negotiation or by highlighting weaknesses in the Crown’s case. This is not automatic and requires skilled legal representation.
Q: Is careless driving a criminal offence in Ontario?
A: No. Careless driving is a Highway Traffic Act offence, not a crime. This distinction means you avoid a criminal record and its long-term consequences.
Q: What are the benefits of a careless driving charge instead of a DUI?
A: The main benefits are avoiding a criminal record, protecting your ability to work and travel, and significantly reducing the licence suspension period and insurance consequences compared to a DUI conviction.
OUR LEGAL ASSESSMENT PROCESS
1
COMPLIMENTARY ASSESSMENT
This is a full hour-long consultation, not a sales pitch. We take the time to understand you, not just the charge. We’ll talk through what happened, how you're doing, what the court process will look like, the potential outcomes, defence costs, and your most pressing questions. You’ll leave the call with a clear roadmap and the confidence of knowing what happens next.
2
Intake and Set-Dates
Once you’ve hired us, we take over the administrative burden. We’ll obtain all police disclosure and appear at every set-date court appearance on your behalf, so you don’t have to miss work or worry about procedure. Behind the scenes, we’re already reviewing your file and preparing for the real fight ahead.
3
Analysis and Pre-Trials
Our entire team meets to analyze the disclosure, identify viable defences, and research the legal and factual issues in your case. We consult with you before engaging the Crown, either to set a trial date or negotiate a resolution that protects your future. You’re kept in the loop, but we carry the legal weight for you.
4
Hearing Date
This is where it all comes together—either in trial or in resolution. Mr. Avery will be in court beside you, fully prepared to protect your rights and secure the best possible outcome. Whether we’re arguing for an acquittal or negotiating final terms, your case is in the hands of an experienced advocate who knows how to win.
OUR GOOGLE 5 STAR REVIEWS
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Chris Avery and his team at Avery Law are outstanding. From the start, Chris was straightforward, knowledgeable, and easy to talk to. He... Read more
Mike
20/06/2025
We had an amazing experience working with Chris. From start to finish, they were professional, knowledgeable, and truly dedicated to our case. They... Read more
MS
10/04/2025
Chris Avery and the legal team was highly responsive and non-judgmental, taking the time to explain the process clearly and in easy to... Read more
DR
01/03/2025
I had the privilege of working with Christopher and Erica, and I can confidently say they are a class above the rest. I... Read more
Ccy
02/03/2025
Chris Avery and his legal team recently represented me in defending a legal matter against me. I am extremely happy with the result... Read more
BD
10/10/2023
Mr. Avery whent above and beyond for me and was able to have my charges withdrawn. I highly recommend him to anyone looking... Read more
BH
04/02/2023


