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Highway Traffic Act s.78.1

Distracted Driving charges in Welland, 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
Niagara Region Provincial Offences Court
Court Phone
(905) 687-6590
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 Welland

Welland criminal matters are heard at the Welland Courthouse on East Main Street. Provincial offences from all twelve Niagara municipalities are heard at the Niagara Region POA court, further along the same street.

Traffic / POA Court

Niagara Region Provincial Offences Court

445 East Main Street, Welland, ON L3B 3X7

(905) 687-6590

All Niagara Region provincial offences — Welland, St. Catharines, Niagara Falls, Fort Erie, Port Colborne, Thorold, Grimsby, Lincoln, Pelham, Wainfleet, West Lincoln and Niagara-on-the-Lake. Niagara runs a single POA courthouse for the region.

Charged with distracted driving?

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