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Highway Traffic Act s.78.1

Distracted Driving charges in Orillia, 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
Orillia Provincial Offences Court
Court Phone
(705) 326-2960
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 Orillia

Orillia-area criminal matters are heard at the Orillia Courthouse on Memorial Avenue. Provincial offences are handled by the Orillia Provincial Offences Court on West Street South — a separate court service area from Barrie, with its own office and its own trial dates.

Traffic / POA Court

Orillia Provincial Offences Court

575 West Street South, Unit 10, Orillia, ON L3V 7N6

(705) 326-2960

Orillia court service area provincial offences, including the Penetanguishene satellite court. Administered by City of Barrie Court Services but distinct from the Barrie court at 45 Cedar Pointe Drive — Orillia matters carry ticket numbers beginning 3861.

Charged with distracted driving?

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