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Cell Phone Charges And Novice Drivers

Question : My daughter has a G2 licence and she just received a $490.00 ticket for using her cell phone while driving. Along with the fine, I know that charge carries 3 demerit points. Is there anything else I need to know about this charge before deciding if we should fight it?

Answer : A cell phone charge is a violation of Section 78.1(1) of the Highway Traffic Act:

No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.

A driver with a full G licence will receive 3 demerit points if convicted of this offence. However, in your daughter’s case, because she is a novice driver with a G2 licence, she will not receive demerit points for this offence. Instead, she will be subject to a 30 day licence suspension with a first conviction. A second cell phone charge conviction will subject her to a 60 day licence suspension.

A cell phone charge has serious penalties for a G2 driver. Not only is there a fine and possible licence suspension, it may have serious effects on insurance rates. It is in your daughter’s best interest to speak with a professional paralegal about the details of the case. Please call our office to discuss her charge.

Here at OTD Legal, we offer a free initial review of your case and would be happy to provide you with the information you need to make an informed choice about what to do with your ticket. Call us today to discuss your matter in more detail at 1-844-647-6869 or email us at

Posted under Demerit Points, Distracted Driving, Traffic Ticket Defence

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