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Highway Traffic Act s.78.1

Distracted Driving charges in Toronto, 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.

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

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.