Following too closely

Following too closely means leaving too little space behind another vehicle. Whether the gap was safe depends on speed, traffic and road conditions.

In the road rules, “highway” includes ordinary streets and public roads, not just 400-series highways. Whether a particular place is covered depends on the legal definition and how it is used. Some charges have different location rules.

Section 158(2) has a different rule for commercial motor vehicles. This article explains the general rule in section 158(1).

Penalties and fines

Schedule 43 lists an ordinary $85 set fine for section 158(1), before surcharge and costs. Its community safety zone entry is $120. Confirm the exact charge and zone wording. A set fine does not include all additions to the total payable. Commercial vehicle rules may differ from the general following-distance rule.

Demerit points

A conviction for following too closely carries 4 demerit points. Points are separate from any insurance assessment.

Ontario’s demerit point guidance ↗

Possible insurance effects

A conviction may affect your insurance. FSRA lists driving convictions among the factors insurers consider. The effect varies by insurer and your driving record. This article cannot predict how much your insurance might increase.

Read the insurance guide →

If a collision is involved

A collision, a conviction and a licence suspension may each matter to an insurer. These are separate concerns, but they do not automatically cause three rate increases.

• An at-fault collision may affect the premium or an accident-free discount. Fault and any accident-forgiveness coverage matter.
• A driving conviction may affect the insurer's assessment even when the charge carries no points.
• A licence suspension may affect rates or access to insurance, depending on the reason and the insurer's rules.

Together, serious driving events may mean higher premiums or fewer coverage choices. Some drivers may need higher-risk insurance. A broker or insurer can explain its rules. A licensed paralegal or lawyer can explain the court and licence consequences.

New drivers and licence consequences

A G1, G2, M1 or M2 licence can change the consequences of a conviction. Check your full licence status, including any other classes you hold.

For certain charges carrying four or more points, a conviction can lead to extra penalties for new drivers. The Ministry of Transportation handbook says the related points are recorded as zero when these extra penalties apply. They do not count toward the running points total. Hand-held device charges have their own extra penalties for new drivers.

Early resolution and your driving record

A lower fine can still mean a conviction

Early resolution may still leave a conviction on your driving record. A lower fine or fewer points does not erase that conviction. Your insurance rates may still be affected.

A conviction means the court has found the person guilty or accepted a guilty plea. Early resolution is a meeting with a prosecutor to discuss the case. It does not guarantee that a charge will be dropped. If the driver pleads guilty to a reduced charge, that charge can still appear on the driving record.

Points follow the charge of conviction

The prosecutor cannot simply remove points while keeping the same conviction. A different charge may carry a different number of points. Separate licence rules may also apply.

A licensed paralegal or lawyer can explain the offer, the evidence and the possible consequences before the driver decides. A charge being withdrawn is different from pleading guilty. Read about early resolution →

How can a licensed paralegal help?

Review the evidence and represent you

A licensed paralegal can review the charge and explain the possible consequences. They can request disclosure: the police notes and other relevant information held by the prosecutor. The prosecutor is the person presenting the case against the driver.

• Review the police notes, documents and any available video.
• Discuss the evidence with the prosecutor.
• Attend a pre-trial meeting or court appearance where permitted.
• Represent the driver at trial and make legal arguments.

A court may still require the driver to attend. The work and the order of the steps depend on the case. Not every traffic case has a formal pre-trial meeting with a judge.

What matters for this charge?

For a following-too-closely charge, a paralegal can assess the alleged driving and the evidence held by the prosecutor. The general rule concerns the following distance in its circumstances. The commercial-vehicle rule has a separate rule.

A representative can explain which section applies and the possible consequences. A four-point offence may also raise different concerns for a new driver. Their advice depends on the particular case and the licence classes held.

Explain the available choices

The paralegal can assess a trial, a possible withdrawal or any proposed resolution. A withdrawal means the prosecutor drops the charge. An acquittal means the court finds the driver not guilty. Neither outcome can be promised.

A guilty plea to a reduced charge still creates a conviction. The driver should understand the possible record, licence and insurance effects before deciding. Seek advice from a licensed paralegal or lawyer about the particular charge. Read about professional representation →

Related Articles

Demerit Points in Ontario · Speeding Tickets in Ontario · Early Resolution · Understanding a Traffic Ticket

References and further reading

1. Highway Traffic Act, section 158 — read the legal wording

   Reference copy · Source currency: October 26, 2026 · Retrieved 2026-10-29. This copy does not update automatically. Grey paragraphs identify source notes about changes not yet in force.

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   Read in our Act reader · Official e-Laws source ↗

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2. Demerit Point System · O. Reg. 339/94 ↗
3. Ontario Court of Justice · Schedule 43 set fines ↗
4. Ontario Court of Justice · Guide for defendants ↗
5. FSRA · What determines your auto insurance rate ↗