Charged With Distracted Driving in Ontario? Protect Your Licence and Record
A distracted driving conviction can carry serious penalties — early defence can make a real difference
A distracted driving charge in Ontario is one of the most heavily penalized offences under the Highway Traffic Act. Convictions can result in significant fines, four demerit points, licence suspensions, and substantial insurance increases — even for first-time drivers.
These cases often rely on officer observations and interpretations of device use. What may seem like a minor action can lead to major consequences if not challenged properly. Early legal guidance is critical to understanding the allegation and protecting your driving record.
Our Ontario licensed paralegals provide experienced distracted driving defence across Ontario. We review the charge, assess disclosure and evidence, and represent you through early resolution discussions or trial when appropriate — with the goal of minimizing the impact on your licence, insurance, and future.
Clear guidance. Strategic defence. Professional representation.
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“Damian took the time to thoroughly listen and provided clear, thoughtful guidance that left me feeling far more confident.” — Matthew H., Former Client


What a Distracted Driving Charge Really Means in Ontario
A distracted driving charge in Ontario is laid under the Highway Traffic Act and most commonly involves the use or handling of a hand-held device while driving. This includes actions many drivers don’t realize can trigger a charge, such as touching a phone at a stoplight or briefly interacting with a device while the vehicle is running.
Unlike some traffic offences, distracted driving charges do not require proof that your driving was unsafe or that an accident occurred. The allegation often turns on what the officer observed, how the device was described, and whether the legal elements of the offence are properly established.
The penalties can be severe. A conviction may result in significant fines, demerit points, licence suspension, and serious insurance consequences. For many drivers, the long-term impact on insurance and employment can outweigh the immediate court penalty.
Because these cases often rely on brief observations and assumptions, the details matter. How the charge is laid, how evidence is documented, and how the matter is addressed early can significantly affect the outcome.
Understanding what a distracted driving charge really means — and how it can be challenged — is the first step toward protecting your licence and driving record.
The Real Penalties and Long-Term Risks of a Distracted Driving Charge
A distracted driving charge in Ontario carries serious and immediate consequences — even for first-time offences. A conviction can result in substantial fines, demerit points, licence suspension, and significant insurance increases. For many drivers, the insurance impact lasts far longer than the court penalty itself.
Unlike some traffic offences, distracted driving does not require proof of dangerous driving or an accident. A brief observation by an officer can be enough to lay the charge, which makes the outcome highly dependent on how the allegation is documented and challenged.
What many drivers underestimate is how quickly their options can narrow. Missed deadlines, unchallenged evidence, or waiting too long to seek guidance can limit defence strategies and increase long-term consequences.
With the right approach, distracted driving charges can often be challenged, reduced, or resolved more favourably. Acting early gives you the best opportunity to protect your licence, your driving record, and your future.
How Evidence Is Used — and Challenged — in Distracted Driving Cases
In distracted driving cases, the outcome often depends on what the officer observed and how that observation is documented. Unlike many offences, these charges are frequently based on brief moments, assumptions, and limited visibility — which makes the details of the evidence critical.
Key evidence may include police notes, officer testimony, dash or body-worn camera footage, and any statements made at the roadside. In some cases, the type of device, how it was allegedly handled, and whether the vehicle was in motion can all become central issues.
Because the charge does not require proof of unsafe driving, small gaps or inconsistencies in the evidence can significantly weaken the prosecution’s case. Inaccurate descriptions, missing details, or procedural issues during the investigation can create opportunities to challenge the allegation.
A strong defence begins with a thorough review of disclosure. This includes analyzing officer observations, testing whether the legal elements of the offence are properly established, and identifying whether the investigation met the required standards.
Early review matters. The sooner the evidence is obtained and assessed, the more options may be available to challenge the charge, seek a reduction, or pursue a favourable resolution.
HOW IT WORKS
Your Distracted Driving Defence — Step by Step
Step 1: Free, Confidential Consultation
Your defence begins with a free consultation.
We review the distracted driving charge, explain the penalties you may be facing, and clarify how the law applies to your situation. You’ll get clear answers about your options and what to do next — without pressure or obligation.
Disclosure Request and Evidence Review
Once retained, we request full Crown disclosure and carefully review the evidence. This includes police notes, officer observations, and any available video or documentation.
Because distracted driving cases often rely on brief observations, this step is critical for identifying weaknesses, inconsistencies, or legal issues.
Defence Strategy and Resolution Options
After reviewing the evidence, we develop a strategy tailored to your case.
Where appropriate, we pursue early resolution discussions with the prosecutor.
If the allegation is unsupported or flawed, we prepare to challenge the charge through the court process.
Court Representation and Case Resolution
We represent you through the Provincial Offences Court process, handling filings, Crown communication, and court appearances where permitted.
In many cases, the matter can proceed without you needing to attend court, helping reduce stress and disruption while your case moves toward resolution.
Strategic Defence Built to Protect Your Licence & Record
Effective defence starts with strategy, evidence, and early action. Our approach is built to protect your licence, driving record, and long-term interests from the moment a charge is laid.
We begin with a focused review of the charge and disclosure, looking for weaknesses, inconsistencies, and procedural issues that can affect the case. This early analysis helps determine whether the charge can be challenged, reduced, or resolved more favourably.
From there, we apply a tailored defence strategy — requesting full disclosure, challenging unsupported allegations, engaging in resolution discussions where appropriate, and preparing for trial when necessary.
Throughout the process, you receive clear guidance and regular updates. We manage filings, Crown communication, and court appearances where permitted, allowing your case to move forward efficiently with minimal disruption.
Our goal is simple: minimize long-term consequences and protect your driving privileges.

“Damian listened carefully, demonstrated a clear understanding of my situation, and provided guidance that made me feel confident moving forward.”
Matthew H., Former Client
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Why Ontario Drivers Trust Cordaie for Distracted Driving Defence
A distracted driving charge can have serious and lasting consequences for your licence, insurance, and driving record. Choosing the right defence early can make a meaningful difference in how the charge is resolved.
At Cordaie, we provide focused distracted driving defence for drivers across Ontario. These charges often rely on brief observations and assumptions, making careful evidence review and early strategy essential. We examine the facts, assess disclosure, and identify weaknesses that may affect the strength of the case.
We act quickly to protect your options, explain the process in plain language, and guide you through each stage with clarity and transparency. Once retained, we manage filings, Crown communication, and court appearances where permitted — often without requiring you to attend court.
We don’t make unrealistic promises. Instead, we focus on thorough preparation, strategic advocacy, and minimizing long-term consequences wherever possible.
Clear guidance. Strategic defence. Professional representation.
Your Questions About Distracted Driving Charges in Ontario — Answered Clearly
After a distracted driving charge, many drivers are left unsure about what comes next. Is this a serious offence? Will it affect my licence or insurance? Do I need to go to court?
This FAQ section answers the most common questions we hear from Ontario drivers charged with distracted driving. These answers are intended to provide general guidance — not legal advice. Because distracted driving cases often depend on specific facts and evidence, speaking with a licensed Ontario paralegal early can help you understand your options and avoid unnecessary consequences.
Clear answers early can make a meaningful difference in how your case is resolved.
1. Is distracted driving a criminal offence?
No.
Distracted driving under the Highway Traffic Act is a traffic offence, but the consequences are serious.
2. How many demerits?
3 demerits for fully licensed drivers; higher consequences for novice licence holders.
3. Will my insurance go up?
Yes, in most cases. But a strong defence reduces the risk of a conviction.
4. Can they prove I was using the phone?
They need to show that you were actively using the device while driving — not just having it in your pocket or car.
5. What if I didn’t touch the device but it was operating?
That’s a defence angle. It depends on the evidence and context.
Start Protecting Your Licence and Record — Before Court
We defend drivers charged with distracted driving across Ontario, from major cities to smaller communities. No matter where your charge was laid, our province-wide approach allows us to manage your case efficiently — often with minimal disruption to your work and daily life.
Much of the process can be handled remotely, with limited or no courthouse attendance required in many cases. From the outset, you are supported at every stage and never left to manage court deadlines, filings, or procedural requirements on your own.
Our Ontario-wide Provincial Offences defence is built on careful preparation, clear communication, and transparent flat-rate pricing. We review the evidence thoroughly, explain your options in plain language, and represent you from initial consultation through resolution. Whether the allegation involves a hand-held device, an officer’s observation, or a roadside misunderstanding, we provide consistent, professional defence anywhere in Ontario.
Distracted Driving Defence for Drivers Across Ontario
We defend drivers charged with distracted driving throughout Ontario, regardless of where the charge was laid. Our province-wide approach allows us to handle your case efficiently, often with minimal disruption and limited or no courthouse attendance required.
From your free consultation onward, we manage the process for you — including court filings, disclosure, and communication with the prosecutor. With clear guidance, careful preparation, and transparent pricing, we provide focused distracted driving defence anywhere in Ontario.







