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Highway Traffic Act s.78.1

Distracted Driving charges in Peterborough, 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
Peterborough Provincial Offences Court
Court Phone
(705) 742-7777 ext. 2099
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 Peterborough

Peterborough criminal matters and Provincial Offences trials are both heard at the courthouse on Simcoe Street. The City's Provincial Offences office at City Hall handles filings and payments — it is not where trials are held.

Traffic / POA Court

Peterborough Provincial Offences Court

70 Simcoe Street, Peterborough, ON K9H 7G9

(705) 742-7777 ext. 2099

All Peterborough city and county provincial offences. Trials and early resolution meetings sit in Courtroom 5 at the Simcoe Street courthouse; the City's Provincial Offences filing and payment office is separate, at 500 George Street North.

Charged with distracted driving?

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