Distracted Driving – Cell Phone Offences

How to Fight a Handheld Device Ticket

Even though Distracted Driving tickets are one of the most challenging tickets to fight in Ontario, there are a lot of avenues to have it reduced or eliminated to protect your insurance, licence and demerit points.  The police and prosecutors in the province do take this offence especially seriously and are often harder on people with it than with other types of tickets.  They understandably believe that being distracted while driving is a public safety concern and will need to be convinced that you either did not break the law or that you should be entitled to some leniency.  This is something that an experienced traffic ticket lawyer or paralegal can assist you with.

What is a Handheld Device Ticket?

The charge is often noted on the ticket as “Drive – Handheld Communication Device” or some variant of that depending on what type of device was being used. These tickets are issued for using, holding or manipulating a handheld communication device (any device capable of communication) while operating a motor vehicle.  Holding a mobile communication or entertainment device in your hand is often enough to be convicted of the offence – even if you were not using it.  This could include checking a message, changing a song or looking at the time.  This particular offence has been a “political hot button” in Canada for many years now with many statistics around distracted driving being referenced by prosecutors and lawmakers.  The current numbers show that people are 4x as likely to get into an accident while using a cell phone, so the offence continues to receive a lot of attention and the penalties continue to increase and evolve over time.

What is the Penalty For Handheld Communication Device Tickets?

• • Fine: $615.00 up to $1000.00 (1st offence) / $2000.00 (2nd offence) / $3000.00 (3rd offence)
  • Demerit Points: 3 for the first conviction, 6 for subsequent convictions
  • Licence Suspension – Mandatory 3 days (1st offence) / 7 days (2nd offence) / 30 days (3rd offence)
  • A conviction on your driving record for at least 3 years

Should I Fight the Distracted Driving Charge?

Most definitely.  Distracted Driving charges can seriously affect your insurance premiums because it is usually classified as a “MAJOR” offence.  You will also have a licence suspension noted on your record.  This will often mean that your rates will go up significantly and will sometimes be enough to have you classified as a high risk driver. TEXT YOUR TICKET

How do I Fight a Handheld Communication Device Ticket?

Contesting one of these tickets can be difficult because it is such a politically charged topic. The prosecutors have been instructed to be firm on their position with these offences and will frequently take a stance that they cannot reduce the ticket or show any leniency at all.  This is in contrast to many other types of offences in Ontario that are reduced regularly. For someone who has experience with fighting tickets in the past, this can be very shocking and disappointing.  Fortunately, despite the challenge these cases usually present, we are often able to get some form of reduction and greatly mitigate the damage these tickets cause.

We generally recommend having your specific case details assessed by a professional at our office to see if there will be any avenue to have the ticket eliminated completely.  If there is not, we will discuss your options to seek a reduced penalty that may protect your insurance, avoid suspension and reduce the points/fine.  It is important that these cases are handled properly from the start so that the prosecutor does not commit to a firm stance that can be difficult to change.  Being represented by a specialized traffic ticket lawyer or paralegal can ensure that the right approach is taken from the beginning.

Is a Handheld Communication Device Ticket a Criminal Offence?

No.  Despite the harsh penalties, this offence is still under the Highway Traffic Act and is not a criminal offence.  The ticket would appear on your driving record and can impact your licence and insurance though.

Are There Exceptions to the Rules Around Handheld Devices?

The only exception that is consistently granted at this time is when you are using your phone to call 911 due to an emergency.  If you witnessed an accident or event that it was necessary to call 911 immediately, this would generally be viewed as a potential avenue to defend against the charge.  Beyond that, there is very little wiggle room with the offence and touching a device capable of communication – even if it is off or has fallen onto the floor – will still be considered to be in violation of this law.  

Can I Use My Phone if I Am Stopped at a Red Light?

Unfortunately you will be considered to be “driving” your vehicle if it is in a live lane of traffic, even if the vehicle is in park or stopped.  To touch your phone, you will need to pull to the side of the road and park your vehicle.  Basically it must be clear that you are no longer “driving”.

Can I Touch My Phone to Use it as a GPS?

You can use your phone as a GPS but it must be programmed prior to driving.  Touching your phone to use the GPS function could result in a ticket being issued.

Can I Use My Phone in Hands-Free Mode?

Yes.  You are certainly allowed to use your phone if it is being operated by voice commands/Bluetooth and does not require you to physically input commands to make calls or use the navigation software.  

How Will Ticket Shield Help You Fight Your Distracted Driving Ticket?

Ticket Shield spends the necessary time on your case with the purpose of eliminating the charges completely by having them withdrawn or dismissed. If this is not possible, we will negotiate with the prosecutors to shield your record, protect your license from being suspended, negotiate for the lowest fine available, and ultimately, keep your insurance rates as low as possible.  Since the Distracted Driving laws are still relatively new, case law is constantly evolving, and new defences become available constantly.  Ticket Shield is up to date with the new court decisions, changes to the law, and ultimately, what defences are available.

Ticket Shield begins preparing your defence with requesting a disclosure pack from the prosecutors.  We make a very specific request that requires them to provide the Police Officer’s notes, witness reports, radar manuals and calibration notes (if applicable), and any other relevant evidence that they plan to use against you.  By obtaining these documents prior to your court date, we can review them with you if we have any questions, and prepare a defence based on all of the information.

We are available to speak with you for a FREE consultation at 1-855-561-3699 toll-free, email us at [email protected] OR Request a quote online: Here.

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