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Highway Traffic Act s.78.1

Distracted Driving charges in Cambridge, 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
Waterloo Region Provincial Offences Court
Court Phone
(519) 745-9446
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 Cambridge

Cambridge has no courthouse. Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street, and provincial offences at the Waterloo Region POA court on Queen Street North in Kitchener.

Traffic / POA Court

Waterloo Region Provincial Offences Court

77 Queen Street North, Kitchener, ON N2H 2H1

(519) 745-9446

All Waterloo Region provincial offences — Cambridge, Kitchener, Waterloo and the townships. The Region's Main Street office in Cambridge takes payments only; it is not a courtroom.

Charged with distracted driving?

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