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Highway Traffic Act s.78.1

Distracted Driving charges in Toronto, Ontario.

Quick Answer — Toronto

Distracted driving in Ontario carries escalating penalties: a $615–$1,000 fine and 3 demerit points on a first conviction, rising to a $615–$3,000 fine, 6 demerit points, and a 30-day licence suspension on a third. Because the charge depends on officer observation, the disclosure — specifically the officer's notes on what was seen — is what we examine first.

Toronto seems to be a hotbed for people touching their phones at the wrong time. Some people believe that picking their phone up after it falls off the seat is okay. Unfortunately, that is not the case. The moment that you touch the phone when you're not supposed to is fair game for a ticket. Point Duty Traffic Court Defence has been able to minimize the damage by getting the ticket reduced to a lesser offence or getting rid of the ticket altogether.

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.

Courthouses
Toronto South Provincial Offences CourtToronto East Provincial Offences CourtToronto West Provincial Offences Court
Court Phone
(416) 338-7320
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 Toronto

Toronto runs three Provincial Offences courts, not one — Toronto South on Front Street East, Toronto East on Markham Road, and Toronto West on Eglinton Avenue West. Which one hears your ticket is set by where it was issued. Summary criminal charges go to the Toronto Courthouse at 10 Armoury Street. We appear at all four.

Traffic / POA Court

Toronto South Provincial Offences Court

92 Front Street East, Toronto, ON M5E 0G2

(416) 338-7320

Downtown and central Toronto.

Offence numbers beginning 4860

Traffic / POA Court

Toronto East Provincial Offences Court

1530 Markham Road, Scarborough, ON M1B 3M4

(416) 338-7320

Scarborough and the east end.

Offence numbers beginning 4863

Traffic / POA Court

Toronto West Provincial Offences Court

2700 Eglinton Avenue West, Toronto, ON M6M 1V1

(416) 338-7320

Etobicoke, York and North York.

Offence numbers beginning 4862

Local practice notes reviewed 2026-09-01

Common Questions — Toronto

Where is a distracted driving charge heard in Toronto?

Toronto has three courts that hear distracted driving matters: Toronto South Provincial Offences Court (92 Front Street East, Toronto, ON M5E 0G2), Toronto East Provincial Offences Court (1530 Markham Road, Scarborough, ON M1B 3M4) and Toronto West Provincial Offences Court (2700 Eglinton Avenue West, Toronto, ON M6M 1V1). Which one hears your matter depends on where the charge was laid, and it is printed on your notice. Point Duty appears at all three.

Who lays distracted driving charges in Toronto?

In Toronto, distracted driving charges are laid by Toronto Police Service, OPP Highway Safety Division, GO Transit / Metrolinx Enforcement and Ministry of Transportation (MTO). The charge is then heard at one of the city's three Provincial Offences courts.

How long does a distracted driving charge take in Toronto?

Point Duty Traffic Court Defence sees Toronto traffic matters run 10 to 12 months from charge to resolution. It varies, but that is the usual range.

How does the prosecutor handle distracted driving in Toronto?

Point Duty Traffic Court Defence finds the Toronto prosecutors love early resolutions. Recently they have been saying that resolutions are not available on the date of trial, but they sometimes cave. Generally, for a first offence, they would offer a reasonable resolution.

Do I have to attend court in person in Toronto?

Yes, it runs virtual courts. Although it's been a subject of conversation, I haven't seen a situation where a trial or other appearance has been ordered in person.

What else should I know about Toronto court?

All three traffic courts in Toronto run on the same procedure. You can file tickets online through their online portal, and you can make a request for trial or early resolution. Reopenings have to be delivered in person — they cannot be emailed, as they can in some other jurisdictions.
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