Understanding "Hand-Held" Tickets in Ontario
In the digital age, the urge to stay connected can often extend into our driving habits, leading to distracted driving—a significant safety concern on Ontario’s roads. The law is unequivocal: operating a motor vehicle on a highway while holding or using a hand-held wireless communication or entertainment device is illegal and comes with severe consequences.
TTAS is dedicated to helping you navigate the complexities of traffic law, aiming to mitigate penalties, protect your driving record, and maintain your insurance premiums at a manageable level.
Whether you're facing your first offence or you're at risk of subsequent convictions, TTAS stands ready to advocate on your behalf, leveraging our deep understanding of the legal system to challenge hand-held device tickets effectively.
Understanding the Legal Consequences of Hand-Held Device Violations
The penalties for using a hand-held device while driving in Ontario escalate with each conviction, reflecting the serious stance taken against distracted driving. It's crucial for drivers to understand not just the immediate fines and suspensions, but also the long-term impact on their driving privileges and insurance rates.
For All Drivers:
- First Conviction: Offenders are subject to a $615 fine if the ticket is settled out of court, which includes a victim surcharge and court fees. This fine can increase to up to $1,000 if the offender receives a summons or decides to contest the ticket in court and is unsuccessful. Additionally, the conviction brings three demerit points and a 3-day driving suspension.
- Second Conviction: The consequences intensify with a second conviction. The fine remains $615 if settled out of court but can surge to up to $2,000 if contested unsuccessfully in court. Six demerit points are added to the driver's record, accompanied by a 7-day suspension.
- Third and Subsequent Convictions: A pattern of repeated offenses leads to even sterner penalties. The out-of-court settlement fine remains at $615, but potential fines for contested cases increase to up to $3,000. Drivers also face six demerit points and a significant 30-day suspension for each conviction beyond the second.
For Novice Drivers (Licenses G1, G2, M1, and M2):
Novice drivers are subject to the same financial penalties as more experienced drivers but face different consequences in terms of demerit points and suspensions.
- Instead of demerit points, novice drivers face a 30-day suspension for a first conviction.
- A second conviction results in a 90-day suspension.
- Upon a third conviction, the penalties become severe with the cancellation of the license and expulsion from the Graduated Licensing System (GLS). To regain driving privileges, the individual must re-enter and complete the GLS program from the beginning.
Understanding Your Options After Receiving a Hand-Held Device Ticket
When faced with a hand-held device ticket, it's crucial to understand the options available to you. Each choice has its own set of implications for your driving record and financial situation. Navigating these options wisely can significantly impact the outcome of your case.
Pay the Fine:
Opting to pay the fine is essentially an admission of guilt. This action will result in a conviction on your driving record for three years and includes:
- The payment of the stipulated fine.
- The application of demerit points to your record.
- A suspension of your driving privileges, the length depending on the number of convictions.
Guilty with an Explanation:
This option allows you to plead guilty while providing an explanation to the court, potentially leading to:
- A reduced fine or an extension in the payment deadline based on your circumstances.
- It's important to note that this choice does address the issue of demerit points, nor the nature of the offence, nor the possibility of dismissing the ticket.
Request a Court Date:
Contesting the ticket in court offers the opportunity to challenge the evidence against you, which could result in:
- Dismissal or reduction of the charge.
- Dismissal or reduction of demerit points.
- This option requires careful consideration and preparation, as it involves presenting a defence in a legal setting.
Consulting with a legal professional can provide valuable insights into the best course of action based on your specific situation. Remember, you have 15 days from the offence date to decide on your course of action, so it's beneficial to act promptly to ensure you have ample time to prepare your defence if you choose to contest the charge.
Begin Your Defence Journey With TTAS
- Step 1: Free, confidential case evaluation to understand your options.
- Step 2: Personalized defence strategy tailored to your specific case.
- Step 3: Professional representation in court, aiming for the best possible outcome.
Take Action Now
With TTAS, you’re not alone. If you got a ticket for driving with a hand-held communication device now is the time to get the experienced legal support you need. Contact us today to start your defence and take the first step towards safeguarding your driving future.
