Additional Penalties for G2 and M2 License Holders Using a Handheld Communication Device
For G2 and M2 license holders, the penalties are even more severe. In addition to the general penalties for using a handheld communication device, G2 and M2 drivers face:
- License Suspension: A mandatory 30-day suspension on the first conviction.
Can You Fight a Handheld Device Ticket?
Yes, you can fight a handheld communication device ticket in Ontario. Challenging the ticket can help reduce penalties or even have the charges dismissed. Common defenses include questioning the accuracy of the officer’s observations or whether the device was actually in use.
Distracted driving with a handheld communication device is one of the most severe violations under Ontario’s Highway Traffic Act. It can dramatically increase your insurance premiums and jeopardize your driving privileges.
Contact Traffic Law Paralegal Services for professional help in fighting handheld communication device tickets in Mississauga, Brampton, Toronto, or other areas in Ontario. We have the experience needed to protect your driving record.
WHAT IS THE HANDHELD DEVICE LAW IN ONTARIO?
The prohibition on using handheld devices while driving is outlined in the Highway Traffic Act of Ontario:
Highway Traffic Act, Ontario - Section 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.
There are several exemptions that allow drivers to use handheld devices. It is important to determine if the exemptions apply to your situation and prepare your defense according to the facts of your case. Most cases turn on the observations of the officer who witnessed the alleged conduct. Sometimes observations are too brief and lack detail. It is important to remember that the prosecution has to present evidence to prove the case beyond a reasonable doubt. Often, it is found that evidence is lacking, resulting in a complete dismissal of your handheld communication device ticket.
Frequent Questions about Handheld Communication Device tickets in Ontario
What are the penalties for a first handheld communication device ticket in Ontario?
The penalties for a first distracted driving offence in Ontario are severe and include:
- Fine: A set fine of $615 (including victim surcharge and court fees), which can increase up to $1,000 if you challenge the ticket and are convicted.
- Demerit Points: 3 demerit points are added to your driving record.
- Licence Suspension: A mandatory 3-day driver's licence suspension.
- Reinstatement Fee: A $281 fee is required to reinstate your licence after the suspension.
How will a handheld device ticket affect my car insurance rates in Ontario?
A conviction for a handheld device ticket (distracted driving) is classified as a serious conviction and will significantly increase your car insurance rates.
- Premium Hike: Premiums can increase by 100% to 150% for a single conviction, as insurers view distracted driving as high-risk behaviour.
- Duration: The conviction remains on your driving record, affecting your rates for three years.
- Discounts: You may lose eligibility for "good driver" or clean record discounts.
What counts as "using a handheld device" under Ontario's distracted driving law (HTA)?
Under the Ontario Highway Traffic Act (HTA) Section 78.1, "holding or using" a handheld device while driving is illegal. This includes:
- Holding a phone (even if not actively using it).
- Talking, texting, or dialing a number.
- Using any handheld electronic device like a tablet or iPod.
- Manually programming a GPS on a handheld device.
The law applies even when you are stopped at a red light or in traffic.
Are there any exemptions for using a cell phone while driving in Ontario?
Yes, there are limited exemptions where using a device is permitted:
- Hands-Free: Using a phone in hands-free mode (e.g., via Bluetooth or a mounted device with voice commands). For mounted phones, you may only press a button to make, answer, or end a call.
- Emergency: Using a handheld device to contact 911 (police, fire, or ambulance) in an emergency.
- Parked Safely: Using a device when your vehicle is lawfully parked off the roadway or on the roadway, not in motion, and not impeding traffic.
What are the penalties for a G2 driver who gets a handheld communication device ticket?
Novice drivers (with G1, G2, M1, or M2 licences) face escalated sanctions for a handheld device conviction:
- First Offence: A mandatory 30-day licence suspension.
- Second Offence: A mandatory 90-day licence suspension.
- Fines: The same fines apply as fully licensed drivers ($615 up to $1,000+).
- Demerit Points: While novice drivers technically do not receive demerit points for this offence, the licence suspensions are the more severe penalty.
Contact us to Fight Handheld Communication Tickets in Ontario
What we do
Traffic Law Paralegal Services is based in Mississauga and has been defending traffic violations and summary criminal offences in Ontario for over two decades. We fight traffic tickets in Mississauga, Toronto and other municipalities in Ontario.
At Traffic Law you will receive experienced and competent defense services fighting traffic and criminal charges (summary offences). Most common allegations include careless driving tickets, stunt driving, no insurance and more.
About Traffic Law Paralegal Services
Serhiy Senatorov is an owner of Traffic Law Paralegal Services and is a former vice-president of the Licensed Paralegals Association (Ontario), former vice-president and founding board member of the Ontario Paralegals Association, and a regular speaker on continuing professional development for paralegals, lawyers, and Justices. Serhiy Senatorov has been providing reliable defense for over 20 years and is confident to help you.