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Distracted Driving

Distracted Driving

Ontario Provincial Offences

In Ontario, there are a number of laws in place to combat distracted driving. Drivers are prohibited from using hand-held devices while driving, including cell phones, laptops, tablets and any other electronic device. Penalties for distracted driving are severe. 

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Distracted Driving

Distracted driving is a major issue facing drivers in Ontario and all across Canada. It is a dangerous and potentially deadly form of driving, and is a growing problem. Distracted driving is any activity that diverts attention away from the primary task of driving. This includes talking on the phone, texting, eating, drinking, talking to passengers, using a navigation system, adjusting music, and any other activity that can take a driver's attention away from the road.


The penalties for distracted driving in Ontario are severe and can include hefty fines, licence suspensions, and even jail time. Drivers caught talking on their cell phones while behind the wheel will be fined $615, with those convicted of a second offence paying up to $1,000. If the driver causes a collision while distracted, the fines can be increased to $2,000.


Drivers who are caught texting or emailing while driving will be fined $615 for a first offence. The fines increase to up to $2,000 for a second offence and up to $3,000 for a third offence. Drivers convicted of distracted driving can also have their licence suspended for three days for a first offence, and up to a week for a second offence.


The Ontario government is taking distracted driving very seriously and is enacting harsher punishments to try and discourage this dangerous behaviour. Drivers should be aware that they could be charged with careless driving if they are found to be distracted while operating a vehicle. Careless driving carries a fine of up to $2,000 and/or six months in jail.


Distracted driving is a serious issue that can have devastating consequences. Drivers need to take responsibility for their actions and ensure that they are focused on the task of driving at all times. Fines and penalties are in place to help deter drivers from engaging in distracted driving activities, but ultimately it is up to the driver to stay safe and avoid becoming a statistic.



Defences You Have at Your Disposal

We're the traffic ticket defence team you've been looking for.

Distracted driving is a serious problem in Ontario, with the number of deaths from distracted driving surpassing the number of deaths from impaired driving. In light of this, it is important to understand the defences available to those who have been charged with distracted driving in Ontario.


The first defence available to those charged with distracted driving is that of due diligence. This defence is based on the idea that the accused exercised reasonable care and took all reasonable steps to avoid the distraction. This defence is often used in cases where the actions of the accused may have been careless, but not necessarily reckless.


Another defence available is that of necessity. This defence is based on the idea that the accused was in a situation where they had no other option but to drive distractedly. This defence is often used in cases where the accused had to make a split-second decision in order to avoid imminent danger.


The third defence available is that of involuntary intoxication. This defence is based on the idea that the accused was unaware that they were in a state at the time of the offence. This defence is often used in cases where the accused may have been drugged or poisoned without their knowledge.


Finally, the defence of accident or mistake is available. This defence is based on the idea that the accused was unaware that their actions would lead to a distracted driving offence. This defence is often used in cases where the accused did not intend to drive distractedly but instead made an honest mistake.


Overall, there are a number of defences available to those charged with distracted driving in Ontario. Each defence has its own unique set of circumstances, and it is important to understand the nuances of each defence in order to determine which one best applies to your situation. If you have been charged with distracted driving, it is important to consult with an experienced lawyer to understand your available options.


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Distracted Driving Tickets

Some important information about distracting driving tickets.

How Distracted Driving Is Defined

Driving while distracted is not a criminal offence. According to sections 78.1(1), (2), and (3) of the Highway Traffic Act, it is a provincial offence. Drivers in Ontario are prohibited from using a hand-held wireless communication device or another prescribed device capable of receiving or transmitting telephone communications, electronic data, mail or text messages while driving a motor vehicle on a highway. It is also prohibited to do the same things at a red light or while stopped in traffic. An exception would be if there was an emergency and you needed to call 911. 


When making a call, sending a text, programming your GPS device, or using your tablet, you should park in an appropriate area and follow all of the necessary steps. You'll be penalized otherwise.


Drivers can use the above-mentioned devices in hands-free mode or may use hands-free devices while driving. Food, drink, smoke, and make-up are not covered by Ontario's distracted driving laws. However, all of those things are related to unsafe or careless driving.


Drivers Who Drive Distracted Face Penalties

In Ontario, distracted drivers face severe penalties, such as a minimum fine of $615, the suspension of their driver's license for 30 days, and an increase in their insurance premiums for up to three years. Unlike points on your driving record, a handheld device conviction stays on your record for life. Ontario's distracted driving laws make it difficult for prosecutors to dismiss tickets.


Drivers who receive a cell phone ticket in Ontario face the same penalties as those who get a handheld communication device ticket, regardless of their driver license's rating.


Distracted Driving Penalties 

Penalty Type First Conviction Second Conviction Third + Conviction
Demerit Points 3 Demerit Points 6 Demerit Points 6 Demerit Points
Fine* $500 - $1,000 $500 - $2,000 $500 - $3,000
Licence Suspension 3 days 7 days 30 days

*The fine does not include a victim surcharge and/or court fee. 

Distracted Driving Tickets: How to Challenge Them

By hiring a professional distracted driving paralegal, you can increase your chances of removing your distracted driving charge and keeping your driving record clean. Upon receiving your cell phone ticket, you should file it with the court within 15 days, meet with the prosecutor and prepare questions to ask the officer.


Before meeting with a prosecutor, gather evidence from the police officer that can be used in court to prove your guilt. The police officer who accuses you of breaking the law can be cross-examined by the judge and you can explain what happened to him. Finally, a traffic ticket paralegal may be able to resolve your hand-held communication device ticket issues without the need to appear in court and save you time and money.


Traffic Tickets: Early Resolution

There is a meeting with a provincial prosecutor to convince the driver to plead guilty with the help of reducing the charge or demerit points, but still resulting in a fine and conviction.


Frequently Asked Questions

Here are answers to some common questions. 

Distracted Driving

  • What are the demerit points for distracted driving?

    Three demerit points are assessed for the first conviction. There are six demerit points for subsequent convictions.

  • Cell phone tickets can stay on a person's record for a long time.

    The record of conviction remains on the driver's licence for up to 3 years, with demerit points remaining for a maximum of 2 years.

  • The best way to avoid a handheld device ticket in Ontario.

    The most important details are that there are two ways to fight a traffic ticket: going to court alone or hiring a professional traffic tickets paralegal. 


    Going to court alone is unpredictable and requires studying the peculiarities of traffic laws. Hiring a paralegal will provide better results and fewer expenditures.



  • Do I have to attend court myself?

    If you decide to defend your ticket yourself, you must attend the hearing associated with your case otherwise you will be convicted. 


    It may not be necessary for you to be present if you hire us to represent you. In this case, you will be informed in advance.


  • Do you plan to fight a ticket or plead guilty on my behalf?

    The answer depends on the circumstances of your case. Whether it's pleading guilt or going to court, we will do whatever it takes to succeed.





  • How do I contest a distracted driving charge?

    In Ontario, if you're contesting a distracted driving charge, you may consider the following defenses:


    Lack of Sufficient Evidence: Challenge the prosecution's evidence. They must prove beyond a reasonable doubt that you were using a prohibited device while driving.


    Mistaken Identity: If there's any doubt about whether you were the driver, this could be a viable defense.


    Emergency Situation: If you can demonstrate that you were using your phone in response to an emergency (e.g., to call for medical help), it might be considered a valid defense.


    Technical Malfunction: If you can prove that your phone or device malfunctioned and activated on its own, it could potentially be a defense.


    Necessity or Duress: If you can show that you had no choice but to use your phone due to circumstances beyond your control, this could be considered a valid defense.


    Challenging the Officer's Testimony: If the officer's testimony is inconsistent or unreliable, you can challenge their account.


    Proving You Were Not Distracted: If you can demonstrate that you were not distracted at the time of the incident, this could be a strong defense.


    Constitutional Violation: If your rights were violated during the traffic stop or arrest, this could be a valid defense.


    Errors in Procedure: If there were errors in how the case was handled by law enforcement or in court proceedings, this could be grounds for dismissal.


    Inaccurate Equipment: Challenge the accuracy and reliability of the equipment used to detect distracted driving.


    Remember that the success of any defense strategy will depend on the specific circumstances of your case. It's highly advisable to consult with a lawyer who specializes in traffic offenses in Ontario for personalized advice and representation. They will be able to assess the details of your case and advise you on the best course of action.

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