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Cell Phone Tickets/Distracted Drive

Some Key Facts about Cell Phone Tickets in Ontario

Cell phone tickets in Ontario are issued for violations related to using a mobile device while driving. Here are some key facts about these tickets:

1. Legal Framework

  • Legislation: The use of handheld devices while driving is regulated under the Highway Traffic Act (HTA), specifically Section 78.1.

  • Offense: It is illegal to use a handheld cell phone or other electronic devices while driving unless you are using a hands-free system.

2. Types of Violations

  • Handheld Devices: The law prohibits holding and using a cell phone or electronic device while driving.

  • Hands-Free Devices: The use of hands-free devices, such as Bluetooth headsets or voice-activated systems, is allowed as long as it doesn’t distract you from driving.

3. Penalties

  • Fines: The base fine for a cell phone violation is typically $490, but it can go up to $1,000 if you accumulate additional fees and surcharges.

  • Demerit Points: A conviction for using a handheld cell phone results in 3 demerit points being added to your driving record.

  • License Suspension: If you accumulate too many demerit points (15 or more), it can result in a suspension of your driver’s license.

4. Distraction and Safety

  • Distracted Driving: Using a cell phone while driving is considered a form of distracted driving, which is a major safety concern. Distracted driving is a leading cause of traffic accidents.

  • Increased Risk: Studies have shown that using a cell phone while driving increases the risk of collisions and decreases reaction times.

5. Exceptions

  • Emergency Calls: There are limited exceptions, such as making emergency calls. However, it’s recommended to pull over safely if you need to make a call.

  • Navigation: Using GPS for navigation is permitted if the device is mounted and does not require handling.

6. Enforcement

  • Police Authority: Police officers can issue tickets if they observe a driver using a cell phone or if they see the driver holding a phone while driving.

  • Evidence: Officers may use various methods to identify cell phone use, including visual observation and possibly reviewing phone records in severe cases.

7. Legal Proceedings

  • Challenge a Ticket: If you receive a cell phone ticket, you can choose to pay the fine or contest it in court. To contest the ticket, you must request a trial and present your case.

  • Defenses: Possible defenses may include proving that the device was used in a hands-free mode or challenging the accuracy of the officer’s observation.

8. Insurance Impact

  • Premium Increase: A conviction for using a cell phone while driving can lead to increased insurance premiums. Insurance companies often view this as a high-risk behavior.

9. Driver Education

  • Awareness Campaigns: Ontario has various awareness campaigns to educate drivers about the dangers of distracted driving and the importance of adhering to the cell phone laws.

10. Technology Integration

  • Hands-Free Systems: Many vehicles now come equipped with built-in hands-free systems that comply with the law, allowing drivers to use voice commands and other features without handling the phone.

 

Understanding these facts can help you avoid cell phone tickets and maintain safe driving practices.

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