Point DutyTraffic Court Defence and Legal Services
Highway Traffic Act s.78.1

Distracted Driving charges in Caledon, Ontario.

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.

Courthouse
Caledon Provincial Offences Court
Court Phone
(905) 584-2272
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.

v.

Notes for Caledon

Caledon traffic and Provincial Offences Act matters from Caledon OPP and the Town of Caledon bylaw are heard at the Caledon POA Court on Old Church Road. Criminal matters from Caledon fall under Peel Region and proceed at the Davis Courthouse in Brampton.

Caledon Provincial Offences Court

6311 Old Church Road, Caledon, ON L7C 1J6
(905) 584-2272

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