Ontario Distracted Driving Ticket
The era of smartphones created one the most significant dangers on the highways – distracted driving.
We’re sure each of you has ever been texting SMS or changing your route on GPS while driving. But did you know that 26% of all car accidents involve the usage of cell phones or handheld devices? Being distracted while driving means you are up to 4 times as likely to be involved in a collision.
Did you know that when using a cell phone while driving your motor vehicle, you’re losing almost 50% of the information in your driving environment? Statistics are quite impressive, right? That’s why the Ontario government always improves and implements new careless driving and distracted driving laws.
But we’re not here to moralize you. We’re about to explain what it all means and how to proceed if you’ve been caught by the police and received a cell phone ticket.
What is Distracted Driving in Ontario | Distracted Driving Law Ontario
According to distracted driving law in Ontario (the Highway Traffic Act 78.1(1),(2)), no person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device, hand-held electronic entertainment device, or other prescribed device capable of receiving or transmitting telephone communications, electronic data, mail, or text messages. Such devices can distract drivers’ attention from the road, cause accidents, and diminish road safety.
So, let’s be clear:
What’s not allowed and counts as distracted driving in Ontario:
- Using phones or other devices: You can’t hold or use devices like smartphones, tablets, or any hand-held wireless communication devices for calls, texts, emails, or social media while driving.
- Entertainment gadgets: Holding or using hand-held electronic entertainment devices (like portable game consoles or tablets for watching videos) is also prohibited.
*This rule applies not only while driving but also when you’re stopped in traffic or at a red light.
What is allowed by Ontario distracted driving law:
- Hands-free devices: drivers can use the abovementioned devices in hands-free mode or may use hands-free devices. This means drivers can use voice commands, Bluetooth, or other technology to make calls or use navigation if they do not physically hold or operate the devices while driving.
Exceptions from Ontario distracted driving law:
- Emergency calls: The only situation where using a hand-held device is permissible is for making emergency calls to 911.
To legally make calls, send texts, program your GPS, or use your tablet, park your vehicle in an appropriate area and proceed with all the necessary actions. Engaging in these activities without parking can lead to penalties under the law.
Ontario’s distracted driving laws don’t cover such actions as eating while driving, drinking, smoking, making make-up, etc. Still, all those things are related to careless or dangerous driving, so be cautious.
Is Distracted Driving a Criminal Offense in Ontario?
No, distracted driving in Ontario is not a criminal offence in Ontario. It’s a provincial offence under the Highway Traffic Act sections 78.1(1), (2), and (3). Commonly resulting in offences such as driving with a hand-held communication device, cellphone tickets, and Ontario texting and driving tickets, it encompasses a range of actions that divert a driver’s attention away from driving.
Penalties for Hand-Held Device Ticket Ontario (A to G drivers)
Once you’ve got a cell phone ticket in Ontario (or a handheld communication device ticket), you can face the following penalties (A to G drivers):
| Type of penalty | First conviction | Second conviction | Third conviction and subsequent offence |
|---|---|---|---|
| Demerit points | 3 demerit points | 6 demerit points | 6 demerit points |
| Fine* | minimum $615 & up to $1,000 | minimum $615 & up to $2,000 | minimum $615 & up to $3,000 |
| Mandatory licence suspension | 3 days licence suspension | 7 days licence suspension | 30 days licence suspension |
*fine includes a victim surcharge and the court fee
If you’re caught for distracted driving but your last offence was over five years ago, this new ticket won’t be considered a repeat offence.
Distracted Driving Penalties for Novice Drivers (G1, G2, M1, M2)
According to Ontario’s distracted driving laws (Ontario Highway Traffic Act, section 78 (1)), there are no demerit points for novice driver’s licences (G1, G2, M1 or M2 licence holders) upon conviction, but suspensions are much longer:
- minimum fine of $615 (incl. victim surcharge and court fee);
- 30 days driver’s licence suspension (first conviction);
- 90 days driver’s licence suspension (second conviction).
Also, your insurance company can use your driving record with a handheld device ticket in Ontario, and your insurance premiums may be increased for up to 3 years. Demerit points remain on your driving record for up to two years. A conviction for handheld device ticket Ontario stays with you forever.
Actually, fighting distracted driving ticket in Ontario is a very delicate issue, because it’s strictly controlled by the government. Thus, prosecutors were instructed not to let cell phone tickets go. It means your chances of reducing demerit points or charges are pretty low.
Even if one of your friends has already successfully beaten the texting and driving ticket, it doesn’t guarantee you’ll have the same result. That’s why the best option here is to get legal advice from a distracted driving ticket lawyer.
How to Fight a Distracted Driving Ticket in Ontario in 2024
Basically, hiring a professional distracted ticket lawyer or paralegal, who has great experience in fighting handheld device tickets, will significantly increase your chances of withdrawing your charge and keeping your driving record clean.
But if you decided to fight your cell phone tickets alone, here are the steps to be done:
- File your distracted driving ticket with a court within 15 days.
- Get the meeting date with a prosecutor or a trial date, depending on the court location. Sometimes, even if a trial option is selected, a court will arrange an early meeting to ensure there is a good reason to go to trial to fight distracted driving charges. At this stage, you also need to prepare questions to ask a policeman about the details they saw.
- Before your early meeting with a prosecutor, you should try to get the evidence of the police officer that will be used in court to prove your guilt in actually using the cell phone while driving your motor vehicle.
- Show up at trial and be ready to answer any question about every little fact from the day you were caught using a phone or another type of electronic entertainment devices while driving.
- You can cross-examine a policeman in front of the judge and present your personal story of what happened when the police officer alleges you were breaking the law.
Don’t use common excuses like “It was an emergency, and I needed to use my cell phone to call my mom/dad…” – it was heard by the judge so many times! Here it’s better to develop your defence strategy according to Ontario’s distracted driving laws’ peculiarities.
Important: traffic ticket paralegals can save you time and money by handling your issues with hand-held communication device tickets without going to court.
Peculiarities of Handheld Device Ticket Ontario Early Resolution
Early resolution meetings – these are meetings with a provincial prosecutor. They’re designed mainly to urge the driver to plead guilty and reduce the charge or demerit points. However, the driver will still have a conviction and fine for their offence.
This means that if you plead guilty and get your charge reduced, it’ll affect your insurance rates because any resolution still goes on your driving record.
We understand that not all of you are lawyers and can deal with some legal technicalities. X-COPS knows how to fight a cell phone ticket in Ontario, so we are ready to help you.
X-COPS specialists pride themselves on the success rate we demonstrate when fighting traffic ticket charges in court – 98%. First of all, it’s possible due to the knowledge we have accumulated over the years, our hard-earned experience, and our bespoke approach to each and every case we’re dealing with. If you value your time and money, call us now!