Fight Distracted Driving Cell Phone Tickets In Ontario! The Team at OTD Legal Can Help!

If you have received a ticket for driving while using a cell phone, we can help you! Our team of paralegals and lawyers are here to defend you and look out for your best interests. Hand-held communication devices are everywhere in Ontario. It is rare to find someone who doesn’t own a cell phone, tablet, smartwatch, or an electronic entertainment device. However, driving while using such a device can result in being charged by the police for “Driving with Handheld Communication Device.” These offences carry a significant court fine, will be a conviction on your driving record, come with demerit points, and are known to significantly increase insurance premiums. A conviction will also suspend your driver’s license.

Canada’s Hands-Free Laws on Driving With a Cell Phone

These offences are defined under section 78.1 subsection 1 of the Highway Traffic Act: 

78.1 (1) 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. 2009, c. 4, s. 2; 2015, c. 27, Sched. 7, s. 18. 

It is important to note that while this law states that it is illegal to actively use such a device while driving, it is also illegal to even hold the device behind the wheel. This could include briefly holding or touching the device to plug it in to charge or briefly picking it up if it has fallen from its resting place. Furthermore, whether the motor vehicle is in motion or stopped anywhere on the roadway, it is still a violation of the Highway Traffic Act to use or hold a hand-held wireless communication device while driving. 

Court Penalties If You Have Been Charged With Cell Phone Use While Driving Or A Distracted Driving Offence BEFORE January 1, 2019

The previous court penalties for a conviction were as follows: 

(6.1) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $300 and not more than $1,000. 2015, c. 14, s. 23 

It is important to note that these are the base fines that are issued by the court. An additional victim fine surcharge is added to the court fine as follows:

• The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act. It is deposited into a special fund to help victims of crime.
• The amount of the VFS is usually 20 per cent of the imposed fine. For example, a $100 fine would result in a $20 surcharge. Fines over $1,000 carry a surcharge of 25 per cent.

Court Penalties If You Have Been Charged With Cell Phone Use While Driving Or A Distracted Driving Offence ON OR AFTER January 1, 2019

Changes to this area of the Highway Traffic Act took effect on January 1, 2019. The main change was an increase in fines depending on how many previous convictions have occurred, along with the addition of mandatory license suspensions. The new penalties are as follows: 

Occurrence	Fine*	License Suspension
1st	$500 to $1000	3 Days
2nd	$500 to $2000	7 Days
3rd or later	$500 to $3000	30 Days

Novice Drivers and Handheld Communication Devices

Novice drivers are Ontario drivers in the early stages of graduated licensing (i.e.. G1, G2, M1, M). These licenses permit fewer demerit points to be accumulated and are subject to multiple conditions and restrictions. One such condition is that a novice driver who is convicted of Driving with a Handheld Communication Device will trigger the MTO’s ‘escalated sanctions penalty.’ These additional penalties are as follows:

• 30-day license suspension for the first occurrence
• 90-day license suspension for the second occurrence
• License cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program, or BDE credit would be forfeited when the license is cancelled. Please note that in the case of a hybrid driver, only the novice-class license is cancelled on the third occasion; their full-class license is maintained.

Novice drivers may already be on high-risk insurance or borderline to being on high-risk insurance. Given their limited driving history and greater risk assessment, novice drivers will, therefore, experience greater insurance problems than a fully licensed and experienced driver if convicted of distracted driving. 

Commercial Motor Vehicle (CMV) Drivers

Transport truck drivers and other commercial motor vehicle drivers must be exceptionally careful in avoiding any demerit points or records of conviction especially with texting and driving tickets. Any recorded conviction can directly impact a CMV driver’s current employment as well as their future employability. Companies also have a vested interest in contesting offences issued against their drivers. Any driver who is convicted of an offence under the company’s CVOR number will result in a record of conviction against the company as well. This CVOR record of conviction can then impact the employer’s insurance costs as well as create problems between the company and the Ministry of Transportation.