What you need to know about cellphone tickets (distracted driving)

    Legislation
    • There has always been media attention to the regulation of cell phone use while driving. The statistics suggests that such use is responsible for many accidents.
    • The original section of the Highway Traffic Act that prohibited using a phone while driving came into effect in 2009. It has remained the same since. It reads:

    “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.”

    • What brought this section to the forefront of media attention is that while the rule stayed the same, the consequences of disobeying changed.

    Below is all you need to know about the offence, including the later changes.

    What are the consequences of a cellphone ticket?
    • Three demerit points. Previously, there were no demerit points associated with the offence.
    • The total fine you can get if convicted of a cellphone ticket for the first time is $610, though it may be as high as $1125. There are bigger fines for the second and third convictions.  
    • There is a mandatory license suspension. This is 3 days for the first offence, 7 days for the second, and 30 days for the third.
    Why can someone be issued a cellphone ticket?
    • There is a misconception that a driver can get a cellphone ticket only if he or she talks on the cellphone while driving.
    • The definition of this offence is broader than that.
    • A police can write a cellphone ticket not only if the driver is talking on or using a cellphone but even just for holding it.
    • There have been legal challenges to this practice on different grounds. The appellate courts confirmed that just holding a cellphone in your hand may serve as a ground for conviction.  It does not matter if you weren’t talking. Dialling a number or checking something is not legal.
    • The law prohibits cellphones as well as other devices.  Using any other entertainment handheld devices such as iPods, PSPs, or anything of the kind is illegal.
    Can I use my cellphone if I have a Bluetooth device?
    • The answer is yes.
    • You can use your cellphone or any other device hands-free, and you won’t get a cellphone ticket.
    • The rule is against holding the device in your hand rather than talking.
    • You can have a telephone conversation on the road as long as you don’t touch the phone with your hands. This means you can’t dial with your hands, either.
    Are there any exceptions to the cellphone rule?
    • The answer is yes.
    • The court will not convict you of a cellphone ticket if you prove using your cellphone in an emergency.
    • An emergency includes calling the police, ambulance or fire services.
    • It’s not an offence to use your cellphone if you legally park on the road, the car’s not moving, and you don’t affect traffic.
    • Certain categories of drivers have the right to use a cellphone while behind the wheel. They are drivers of an ambulance, fire department vehicles or police department cruisers, and some others.
    Can I successfully defend against a cellphone ticket?
    • It is possible.
    • This charge is subject to all the procedural safeguards available to defendants in other cases. That means that the prosecution has to disclose evidence, set a case for trial and observe some other requirements. Failure to meet these requirements may lead to dismissal or staying of the charge.
    • There is a defence of reasonable doubt available. The defence may analyze all, even minor, circumstances of the offence. They may include weather, road conditions, location of the driver and police officer, time of the day and other factors. The purpose is to cast doubt on the appropriateness of a cellphone ticket conviction.
    • The defence can also attack as inappropriate certain assumptions of the police officer, if such are made. For example, the fact that a driver kept his eyes down should not lead a police officer to the conclusion that the driver was looking at the screen of a cellphone.

    Read more about cellphone tickets here.

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