Distracted Driving in Ontario: Fines, Points, and How to Fight It

Ontario's distracted driving laws under s.78 and s.78.1 of the Highway Traffic Act prohibit using a hand-held device while driving. That includes talking, texting, checking a map, or simply holding your phone. And yes, the law applies even when you're stopped at a red light.

Fines and Penalties

• First conviction: fine of $615 to $1,000 plus 3 demerit points plus a 3-day licence suspension
• Second conviction: fine of $615 to $2,000 plus 3 demerit points plus a 7-day suspension
• Third or subsequent: fine of $615 to $3,000 plus 3 demerit points plus a 30-day suspension

What Actually Counts as Distracted Driving

The Ontario law covers more than phones. Eating while driving, applying makeup, reading printed materials, and programming a GPS mounted on the dashboard can all support a charge. Officers have broad discretion in what they observe and how they describe it in their notes.

Defences That Work

• The device was mounted in a cradle and being used in hands-free mode
• You were lawfully stopped off the roadway rather than on a highway
• The officer's observation angle and line of sight were poor (dashcam footage from your vehicle helps here)
• What the officer saw was not a communication device, for example a transit card or wallet
• The officer failed to appear in court

The Insurance Hit

Three demerit points from a distracted driving conviction can push your insurance premium up by 15 to 25% at renewal. Add that to the fine itself and a first offence easily costs $1,500 to $2,500 over three years. A paralegal can often negotiate a reduction to a lesser, zero-point offence, which has zero insurance impact.