Drive Hand Held Communication Device

TTAS
DEDICATED TO FIGHTING TRAFFIC TICKETS

 Distracted Driving
Drive Hand Held Communication Device

If you have been charged by the police, then you should contact us today for a
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What is Distracted Driving?  What is Drive – Hand Held Communication Device?

You cannot drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.

Furthermore, you cannot drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle.

However, you may drive a motor vehicle on a highway while using a device in hands-free mode as prescribed by statute.

What awaits you at court?

Drivers Licences A, B, C, D, E, F, G and/or M

First Conviction:

  • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)

  • a fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose

  • three demerit points

  • 3-day suspension

Second Conviction:

  • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)

  • a fine of up to $2,000 if a summons is received or if you fight the ticket in court and lose

  • six demerit points

  • 7-day suspension

Third Conviction (and any further convictions):

  • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)

  • a fine of up to $3,000 if a summons is received or if you fight the ticket in court and lose

  • six demerit points

  • 30-day suspension

Novice Drivers Licences G1, G2, M1 and M2

If you hold a G1, G2, M1 or M2 licence, and are convicted of distracted driving, you’ll face the same fines as drivers with A to G and/or M licences. But you won’t receive any demerit points.

Instead of demerit points you’ll face longer suspensions:

  • a 30-day licence suspension for a first conviction

  • a 90-day licence suspension for a second conviction

  • cancellation of your licence and removal from the Graduated Licensing System (GLS) for a third conviction

  • to get your licence back you’d have to redo the GLS program

 If you are issued a ticket, there are 3 options available to you.

  • Pay the fine.  The conviction will be on your record for a period of 3 years.

  • Guilty with an explanation.  Attend the court office located on the back of the ticket and plead guilty to the charge as is and make submissions so as to have the fine lowered or granted more time to pay the fine.  With this option, they will not reduce the demerit points nor the nature of the offence nor dismiss the ticket.

  • Request a court date.  This is the only option that allows you the opportunity to challenge the evidence of the officer so as to have the charge and/or demerit points dismissed or reduced.

You have 15 days from the offence date to make a decision.  Weigh the pros and cons of every option available to.  Calculate the cost of fighting your ticket and weigh it against your increasing insurance premium and impact on your driver’s licence and record.