Distracted Driving charges in Hamilton, Ontario.

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.

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.

• 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

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

Hamilton serves Hamilton, Ancaster, Dundas, Stoney Creek, and Flamborough. Summary criminal matters proceed at the John Sopinka Courthouse; HTA and POA matters at the Main Street East Provincial Offences court.