Distracted driving tickets look harmless. The fine is printed right on the ticket, you can pay it online in a few minutes, and it feels like a minor problem you can make disappear.
It isn't. In Ontario, paying a distracted driving ticket means an automatic licence suspension, demerit points, and a conviction that stays on your driving record for years. For a growing number of people — commercial drivers, municipal workers, anyone whose employer checks their driver's abstract — it can also be a job problem.
Here is what you need to know before you decide what to do with that ticket.
What counts as distracted driving in Ontario
Under s.78.1 of the Highway Traffic Act, it is illegal to drive while holding or using a hand-held wireless communication device (like your phone) or a hand-held entertainment device (like a tablet or gaming console).
Three points catch people out:
Holding is enough. You don't have to be texting or on a call. Simply holding a phone while driving is an offence.
"Driving" includes being stopped. The law applies while you are stopped in traffic or at a red light. Checking a message at a light is the single most common way people get this ticket.
Display screens count too. It is also an offence to have a screen visible to the driver that is showing something unrelated to driving, such as a video.
What you are allowed to do
- Use your phone hands-free — through Bluetooth, an earpiece, or your car's built-in system.
- Touch a securely mounted phone once to start, answer, or end a call.
- Use a mounted GPS, as long as you don't program it by hand while driving.
- Call 911 in an emergency — though you should pull over safely first if you can.
Things like eating, grooming, or reaching for something aren't covered by the distracted driving law. But if they lead to unsafe driving, police can charge careless driving instead — a six-point offence with far heavier penalties. That applies to hands-free devices too.
The penalties for drivers with a full licence
| Fine if you pay the ticket | Fine if summonsed or convicted at trial | Demerit points | Licence suspension | |
|---|---|---|---|---|
| First conviction | $615 | Up to $1,000 | 3 | 3 days |
| Second conviction | $615 | Up to $2,000 | 6 | 7 days |
| Third or later | $615 | Up to $3,000 | 6 | 30 days |
The suspension is not a separate decision a court makes. It follows automatically from the conviction — and paying the ticket is a conviction. You also pay a licence reinstatement fee every time your licence is suspended.
Then there is insurance. A distracted driving conviction is one insurers take seriously; I've written separately about how traffic convictions affect your premiums in Ontario.
G1 and G2 drivers: the stakes are much higher
Novice drivers (G1, G2, M1, M2) pay the same fines but receive no demerit points. Instead, they face much longer suspensions:
- First conviction: 30-day suspension
- Second conviction: 90-day suspension
- Third conviction: licence cancelled and removed from the graduated licensing system — meaning the driver has to start again from the beginning
For a young driver, a 30-day suspension can mean missed shifts, missed classes, and a much higher insurance quote for years. If you're a parent reading this because your teenager just got a ticket, see our page on novice driver charges — and don't let them pay it before you get advice.
Commercial drivers: tougher penalties are coming
If you drive a commercial vehicle, be aware that Bill 75, the Keeping Criminals Behind Bars Act, 2026, passed in June 2026 with much higher penalties for handheld-device offences committed in a commercial motor vehicle:
- First offence: a $1,000 to $2,000 fine and a seven-day suspension
- Second offence: a $1,000 to $4,000 fine and a 14-day suspension
- Third or later: a $1,000 to $6,000 fine and a 60-day suspension
These changes take effect on a date the province hasn't named yet, and as of this writing (October 2026) they are not in force. But for anyone who drives for a living, the direction is clear — and a distracted driving conviction on a commercial driver's record is already a serious problem for employers and their insurers.
The part nobody thinks about: your job
Many employers — municipalities, utilities, delivery and trucking companies, school boards, sales teams with company cars — have their own distracted driving policies, and many check employees' driver's abstracts. Some policies treat a single handheld-device conviction as a disciplinary matter, regardless of what the court decided.
That changes the math entirely. If your employment depends on a clean abstract, the real question isn't whether you can afford the fine. It's whether you can afford the conviction. That's a conversation worth having before you pay.
Your options
When you get a distracted driving ticket, you generally have 15 days to choose an option on the back of it:
- Pay it. This is a guilty plea. The conviction, the demerit points, and the suspension all follow.
- Request an early resolution meeting with the prosecutor to discuss resolving the charge.
- Request a trial and dispute the charge.
With option 2 or 3, the first step is getting disclosure — the officer's notes and any other evidence. Questions that matter include: where was the officer, and what could they actually see? Was the device a phone, or something else in your hand? Was the vehicle in motion or stopped in traffic, and does the officer's account hold together?
Depending on what that shows, it is often possible to resolve a distracted driving charge as a different, lesser offence — one with no automatic suspension and far less impact on your record. I can't promise that outcome in any particular case; it depends on the facts, your record, and the court. But it is only available if you haven't already paid the ticket.
What to do now
- Don't pay the ticket yet. Paying is a guilty plea, and the suspension follows automatically.
- Check your 15-day deadline on the ticket.
- Write down exactly what happened — where you were, whether you were moving, what was in your hand, and where the officer was.
- Check your employer's policy if you drive for work, so you know what's really at stake.
- Get advice. There's more on our distracted driving defence page.
Got a distracted driving ticket? Book a free consultation before you pay it. We'll explain what a conviction would mean for your licence, your insurance, and your job — and whether there's a realistic path to a better result. Call 1-866-647-6468.
— Point Duty Traffic Court Defence & Legal Services
This article is general information about Ontario traffic law and is not legal advice. Penalties depend on your licence class, your driving record, and how the charge proceeds. Legislative changes described as "not yet in force" were accurate as of October 2026 and may have started since. Speak with a licensed paralegal about your specific matter. Past results do not guarantee future outcomes.