Distracted driving, particularly involving hand-held communication devices, poses significant risks and consequences. The penalties for using phones or electronic entertainment devices while driving include a three (3) day suspension and increased insurance rates.
About Distracted Driving:
Government statistics highlight the dangers:
- One person is injured in a distracted-driving collision every half hour.
- Drivers using electronic devices are frequently involved in accidents.
- A driver using a phone is four times more likely to crash than a focused driver.
While skepticism may exist regarding these statistics, it’s widely accepted that distractions elevate accident risks.
Penalties for Distracted Driving:
First Conviction:
- A fine of $615
- Three demerit points
- 3-day license suspension
Second Conviction:
- A fine of $615 (if settled out of court)
- Three demerit points
- 7-day suspension
Third and Subsequent Convictions:
- A fine of $615 (if settled out of court)
- Three demerit points
- 30-day suspension
Definition of Distracted Driving:
According to Ontario Highway Traffic Act section 78.1.1:
- Drivers cannot hold or use hand-held wireless communication devices capable of receiving/transmitting calls, messages, or data while driving.
Novice Drivers:
- G1, G2, M1, or M2 license holders face fines without demerit points.
- Penalties include a 30-day suspension for a first conviction, a 90-day suspension for a second, and license cancellation for a third, leading to redoing the Graduated Licensing System program.
Fighting Your Cell Phone Ticket:
Cell phone ticket cases are challenging and often go to trial. Prosecutors vigorously defend these tickets, rarely reducing charges. Defences focus on legal technicalities:
- Cross-examining police officers
- Examining essential elements of the charge
- Device verification as hand-held communication equipment
- Utilizing legal applications and motions
Given the political nature of these tickets, it’s essential to have expert legal representation to navigate the complexities and potential defences.
