Distracted Driving Charges and Cellphone Tickets in Toronto
Distracted driving, particularly the use of handheld communication devices while driving, is a significant concern in Toronto. The Ontario government has enacted strict laws to curb this dangerous behavior and ensure road safety. In this article, we will delve into the details of distracted driving charges, commonly referred to as cellphone tickets, the specific wording of the legislation as stated in the Highway Traffic Act (HTA), the associated penalties, and potential defenses available to fight distracted driving tickets.
Defining Handheld Communication Device
Under Ontario law, a handheld communication device includes smartphones, tablets, and any other electronic device that can send or receive messages or emails, browse the internet, or be used for entertainment purposes. Using these devices while driving, whether to make a call, send a text, or check an email, is illegal and can result in severe penalties. Tickets for this violation are issued as drive handheld communication device.
What is the Distracted Driving Law?
The legislation governing distracted driving in Ontario is found in the Highway Traffic Act, specifically under section 78.1. The Act clearly outlines what constitutes an offense and the circumstances under which an individual can be charged.
Section 78.1 of the Highway Traffic Act
According to the HTA, section 78.1 states:
- Prohibition: No person shall drive a motor vehicle on a highway while holding or using a handheld wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail, or text messages.
- Exceptions: This prohibition does not apply to:
- The use of a device in hands-free mode.
- The use of a device by an ambulance, fire, or police officer in the performance of their duties.
- The use of a device to call 911 in an emergency.
The HTA emphasizes that even holding a handheld communication device while driving is an offense, regardless of whether it is in use or not, which can lead to receiving a cellphone ticket.
What are the Penalties for Distracted Driving in Toronto?
The penalties for distracted driving in Ontario are severe and have been designed to act as a deterrent to this dangerous behavior. The penalties vary based on whether it is the first, second, or subsequent offense.
Fines and Demerit Points
- First Offense: A fine of up to $1,000 and three demerit points.
- Second Offense: A fine of up to $2,000 and six demerit points.
- Third and Subsequent Offenses: A fine of up to $3,000, six demerit points, and a possible suspension of the driver's license for up to 30 days.
License Suspension and Increased Penalties
For full G license, the penalties include a mandatory license suspension (if convicted). A conviction for a first offense will result in 3 days mandatory suspension. Second offense will result in 7 days mandatory suspension and a 3rd and subsequent conviction 30 days mandatory suspension. For novice drivers, including those with a G1, G2, M1, or M2 license, the penalties are even more stringent. A first offense results in a 30-day license suspension, a second offense results in a 90-day suspension, and a third offense leads to the cancellation of the driver's license and removal from the Graduated Licensing System (GLS).
Defenses Against Distracted Driving Charges and Cellphone Tickets
If you have been charged with distracted driving in Toronto, it is essential to know that there are defenses available. These defenses can be complex and require a thorough understanding of the law, which is where the expertise of a paralegal can be invaluable.
Paralegals are highly trained independent practitioners who specialize in defending traffic tickets and charges such as distracted driving. At Traffic Law Paralegal Services we understand the nuances of the law and can provide a robust defense on your case. By scrutinizing the evidence, cross-examining witnesses, and presenting strong legal arguments, we can help reduce or even dismiss the charges.
What are the Different Variations of Distracted Driving Tickets?
Distracted driving tickets can vary depending on the nature of the offense and the device used. Common variations include:
- Texting While Driving: Using a smartphone to send text messages.
- Talking on the Phone: Holding a phone to make or receive calls.
- Browsing the Internet: Using a device to browse websites or social media.
- Using GPS or Navigation Systems: Manipulating a GPS device or app while driving.
Each variation can carry different implications and requires a tailored defense strategy to fight distracted driving charges.
How to Fight Distracted Driving / Cellphone tickets
If you have been charged with distracted driving in Toronto, or anywhere else in Ontario, it is crucial to seek professional legal assistance. Traffic Law Paralegal Services can provide the expertise needed to navigate the legal system and defend your case effectively. We are equipped to handle the complexities of distracted driving charges and can offer a strong defense to help protect your driving record and avoid severe penalties.
For a comprehensive defense against distracted driving charges and cellphone tickets, contact Traffic Law Paralegal Services today. We are ready to assist you with a detailed evaluation of your case and a strategic defense plan. Don't let a distracted driving charge affect your life – get the legal help you need now.
