What is the penalty for distracted driving in Ontario?

A first conviction carries a $615 fine, 3 demerit points, and a 3-day suspension; a third within five years rises to a $3,000 fine, 6 demerit points, and a 30-day suspension.

Can you fight a distracted driving ticket in Ontario?

Yes. Because the charge depends on officer observation, the officer's notes are examined first, and first-time charges can often be reduced at an Early Resolution meeting.

How does distracted driving affect your licence and insurance?

Beyond demerit points and suspensions, a conviction is treated as a serious offence by insurers and can raise premiums for three years; novice drivers face additional suspensions or cancellation.

What counts as distracted driving under Ontario law?

Under HTA s.78.1 it means holding or using a hand-held phone or electronic device, or viewing a screen unrelated to driving. Hands-free use via Bluetooth or a securely mounted device remains legal.

Highway Traffic Act s.78.1

Distracted Driving charges in Ontario.

Quick Answer

Distracted driving in Ontario carries escalating penalties: a $615–$1,000 fine and 3 demerit points on a first conviction, rising to a $615–$3,000 fine, 6 demerit points, and a 30-day licence suspension on a third. Because the charge depends on officer observation, the disclosure — specifically the officer's notes on what was seen — is what we examine first.

Holding or using a hand-held wireless communication or entertainment device while driving. Escalating penalties: $615 + 3 demerits + 3-day suspension on first conviction, climbing to $3,000 + 6 demerits + 30-day suspension on third.

Charge: Highway Traffic Act s.78.1
Jurisdiction: All of Ontario
Consultation: Free & Confidential

i.

What the charge means

Section 78.1 of the Highway Traffic Act prohibits driving while holding or using a hand-held wireless communication device, hand-held electronic entertainment device, or viewing a display screen unrelated to driving. Hands-free use via Bluetooth or a properly mounted device remains permitted.

ii.

Penalties

First conviction: $615 fine, 3 demerit points, 3-day licence suspension. Second conviction within 5 years: $1,000 fine, 6 demerit points, 7-day suspension. Third conviction: $3,000 fine, 6 demerit points, 30-day suspension. Novice drivers face an additional 30-day, 90-day, or full licence cancellation on escalating convictions.

iii.

Available defences

Device was mounted (not held) in a securely affixed cradle
Hands-free operation via Bluetooth or wired headset
Device was not in active use (sitting in a cupholder, off)
Officer's view of the device or hand was obstructed
Identification of the driver

iv.

The process

Provincial Offences Court. With escalating consequences, repeat offences should not be paid without consultation. First-time charges can often be reduced at Early Resolution.

Common Questions

What is the penalty for distracted driving in Ontario?: A first conviction carries a $615 fine, 3 demerit points, and a 3-day suspension; a third within five years rises to a $3,000 fine, 6 demerit points, and a 30-day suspension.
Can you fight a distracted driving ticket in Ontario?: Yes. Because the charge depends on officer observation, the officer's notes are examined first, and first-time charges can often be reduced at an Early Resolution meeting.
How does distracted driving affect your licence and insurance?: Beyond demerit points and suspensions, a conviction is treated as a serious offence by insurers and can raise premiums for three years; novice drivers face additional suspensions or cancellation.
What counts as distracted driving under Ontario law?: Under HTA s.78.1 it means holding or using a hand-held phone or electronic device, or viewing a screen unrelated to driving. Hands-free use via Bluetooth or a securely mounted device remains legal.

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