Almost everyone has done it — a quick glance at a text, a tap on the GPS at a red light. But in Ontario, that single moment can trigger one of the harshest sets of penalties for a non-criminal driving offence, and the consequences reach well beyond the fine printed on the ticket.
Under Ontario law, it is illegal while driving to:
The key word is hand-held. You can use a device in a securely mounted cradle and operate it with a single touch or voice commands — but holding the phone, even while stopped at a light, is enough to be charged.
For drivers with a full A-to-G licence, the penalties on conviction are significant and increase with each offence:
A licence suspension on a first offence surprises many drivers — distracted driving is one of the few offences where even a first conviction takes your licence off the road.
Drivers with a G1, G2, M1, or M2 licence do not receive demerit points — instead they face escalating suspensions: a 30-day suspension for a first conviction, a 90-day suspension for a second, and cancellation of the licence (removal from the graduated licensing system) for a third. For new drivers and international students who have invested months in earning their licence, a single distracted driving conviction can undo all of it.
If your distraction endangers other people, police can lay a careless driving charge instead — a far more serious Highway Traffic Act offence carrying six demerit points, a possible jail term, and a licence suspension. Where a distraction causes a collision with injuries, the stakes climb higher still.
A distracted driving ticket is a charge, not a conviction. The Crown must prove you were actually holding and using a hand-held device while driving — and that is not always straightforward. The evidence, the officer's observations, and the precise circumstances can all be examined, and in many cases the charge can be challenged or resolved in a way that protects your record. Given the suspension and insurance consequences, it is almost always worth reviewing the ticket before simply paying it.
This article is general information only and is not legal advice. Every case turns on its own facts.
A distracted driving charge can cost you your licence and years of higher insurance. At WP Legal Professional, our licensed paralegals defend Highway Traffic Act charges in courts across the Greater Toronto Area, and we serve clients in English, Cantonese, Mandarin, and Korean.
Act before you pay. Contact us for a confidential consultation, or learn more about our traffic ticket defence service.
