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

Distracted Driving charges in Mississauga, 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
Mississauga Provincial Offences Court
Court Phone
(905) 615-3000
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 Mississauga

Peel Region's largest city and one of our home jurisdictions. Charges out of Peel Regional Police, OPP Port Credit, and the QEW are routinely heard at the Mississauga courts. Adjacent to Toronto and Hamilton — we appear at all three weekly.

Mississauga Provincial Offences Court

950 Burnhamthorpe Road West, Mississauga, ON L5C 3B5
(905) 615-3000

Charged with distracted driving?

Defence starts with a conversation.

Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.