In 2010, following a slew of studies linking cellphone use with car accidents, the province of Ontario began fining drivers for “distracted driving.” This is a term for drivers using cellphones or other handheld devices while driving.
Penalty for cellphone tickets
Fine
At the time of writing, the penalty for using a cellphone while driving in Ontario is a fine of a total of $610.00 for the first offence. It increased from $125.00 when the province introduced the offence for the first time. At this time, the court has the discretion to set a fine of up to $1,250.00. The fine may be up to $2,500.00 in total if you get the second cell phone ticket. You can get a fine of up to $3,750.00 in total for the third ticket.
Demerit points
There are three demerit points for using a cell phone or another handheld device.
License suspension
In addition, the Highway Traffic Act introduced a new and serious penalty for cell phone traffic tickets in 2017. The Act sets out that the first cell phone ticket will cause suspension of a driver’s license for 3 days. There is a 7 days suspension for the second ticket. In the case of the third ticket, the driver’s license suspension is 30 days.
Insurance
The most significant penalty, however, comes from the insurance company. It comes in the form of increases to your insurance premiums. At the end of the day, insurance companies usually consider the charge very seriously. They justify this approach by the amount of research. The research suggests the danger of using cellphones and other handheld devices while driving.
Fighting cellphone tickets in Ontario
- There are only two instances when you can use a cellphone as a driver. The first one is to call 911 in an emergency. The second is if you’ve pulled off the road.
- Otherwise, cellphone tickets are highly technical and usually require expertise to fight.
- In Toronto, this is not a charge that a driver can settle with the prosecutor. These cases often go to trial.
- There are many issues that a skilled paralegal can bring forward to help win a trial in a cellphone use charge. The best defence depends on your particular case. Contact us for an assessment of your phone use ticket.
