Distracted Driving in Ontario
In Ontario, the number of fatalities resulting from car accidents caused by distracted driving has alarmingly doubled since the year 2000. This is a grave concern that has led police authorities to enforce strict laws against distracted driving in the province. It is crucial to understand that using handheld communication devices such as phones and electronic entertainment devices like MP3 players while driving is not just a violation, but a serious threat to public safety. Even holding a phone or any other handheld device while driving is illegal.
There are exceptions to this rule, where an individual is permitted to use their mobile device.
These exceptions include:
- Calling 9-1-1 in an emergency
- When the driver is lawfully parked or has safely pulled off the roadway and is not impeding traffic.
Certain devices are allowed to be used, such as:
- Display screens used for collision avoidance systems
- Display screens of instruments, gauges or systems that provide information on the conditions, use and immediate environment of the vehicle or that provide road or weather information
- Ignition interlocks
- Car audio screens that display still images
- A hands-free device (ex. Bluetooth)
- A mounted device (ex. GPS) as long as it is secure
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Penalties for Distracted Driving in Ontario
If convicted, the penalty you face depends on the kind of licence you hold and how long you’ve been driving.
Drivers with A to G licences
If you have an A, B, C, D, E, F, G and/or M licence, you’ll face more significant penalties when convicted of distracted driving:
Upon first conviction:
- A fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose
- Three demerit points
- 3-day licence suspension
Upon a second conviction:
- A fine of up to $2,000 if a summons is received or if you fight the ticket in court and lose
- Six demerit points
- 7-day suspension
Third and any further conviction(s)
- A fine of up to $3,000 if a summons is received or if you fight the ticket in court and lose
- Six demerit points
- 30-day suspension
Novice drivers
If you have a G1, G2, M1, or M2 driver and are caught driving while distracted, you will face the same fines as drivers with A to G licenses. However, you will not receive any demerit points.
Instead of demerit points, you’ll face longer suspensions:
- For a first conviction you will receive a 30-day licence suspension
- For a second conviction you will receive a 90-day licence suspension
- For a third conviction your licence will be canceled, and you will be removed from the Graduated Licensing System (GLS)
- To get your license back you’d have to redo the GLS program
Understanding the severe consequences of distracted driving in Ontario is crucial. Apart from legal repercussions, distracted driving could lead to other consequences. If you are convicted of distracted driving, it may increase the chances of being considered a “high-risk” driver by insurance companies, which could result in the denial of insurance coverage. Additionally, a suspension or revocation of your driver’s license could lead to losing your job if driving is a crucial requirement for your work. Not to mention, having a record of distracted driving can seriously impact your chances of securing government jobs such as in the police or military. Therefore, it’s essential to maintain a clean driving record and drive safely to avoid any potential consequences.
How to Fight a Distracted Driving Charge in Ontario?
Hire a traffic ticket lawyer or paralegal to represent you in court
*Remember, if you choose to simply pay the fine and not go to court,
you are pleading guilty
It is highly recommended that you seek legal representation immediately if facing a distracted driving charge. Having a lawyer represent you will significantly improve your chances of winning in court and avoid hefty penalties for driving without insurance. If you choose not to hire representation, you must be ready to go through the complicated process alone.
Why Hire a Traffic Lawyer?
As previously stated, hiring a traffic lawyer can improve your chances of winning in court if you have been charged with distracted driving. With a lawyer, you may not even need to attend court yourself. Fighting a distracted driving ticket on your own is time-consuming and requires relevant knowledge and experience to achieve positive results in court. Therefore, working with a professional lawyer like XPolice is highly recommended to avoid frustrating outcomes.
Learn more about distracted driving and the penalties you could face.