HANDHELD COMMUNICATION DEVICE TICKET

Being charged with using a handheld communication device while driving in Ontario is a serious offense. A handheld communication device ticket can lead to significant fines, demerit points, and mandatory license suspensions.

Penalties for a Handheld Communication Device Ticket in Ontario

• First Offense:
  • Fine: $500 to $1,000.
  • Demerit Points: 3 demerit points.
  • License Suspension: Mandatory 3-day suspension upon conviction.
• Second Offense:
  • Fine: $500 to $2,000.
  • Demerit Points: 6 demerit points.
  • License Suspension: Mandatory 7-day suspension upon conviction.
• Third and Subsequent Offenses:
  • Fine: Up to $3,000.
  • Demerit Points: 6 demerit points.
  • License Suspension: Mandatory 30-day suspension upon conviction.

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.

Contact us to Fight Handheld Communication Tickets in Ontario