Cell Phone Tickets & Distracted Driving Penalties

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.