Handheld Communication Device

What Is the Offence?

Under Section 78.1(1) of the Ontario Highway Traffic Act, it’s illegal to operate a vehicle while holding or using a hand-held communication device—this includes smartphones, tablets, GPS units, and other gadgets capable of receiving/transmitting calls, texts, or data—even when stopped at a red light or in traffic

The law applies broadly: you can’t hold your phone, use a tablet, or interact with a screen unless the device is hands-free, securely mounted, or used only to contact emergency services.

Why It Matters

Distracted driving poses serious risks. The use of hand-held devices significantly increases the chance of accidents—not just by a small margin but up to four times higher risk of collision according to multiple studies. Ontario’s strict enforcement reflects the dangers to all road users.

Penalties You Could Face

Ontario sets escalating penalties for repeat offences:

OffenceFineDemerit PointsLicence Suspension1st offence~$615 out-of-court or up to $1,000 in court3 points3 days2nd offenceUp to $2,0006 points7 days3rd or subsequentUp to $3,0006 points30 days

Novice drivers (e.g., G1/G2 or M1/M2 holders) may face immediate licence suspensions rather than simply demerit points.

Who Is Most at Risk?

  • Fully licensed drivers face fines, demerit points, and short-term suspensions.

  • Novice license holders (G1, G2, M1, M2) often face more severe consequences, including longer suspensions and stricter penalties.

These infractions remain on your driving record for up to three years, affecting insurance and potential employment.

Why Fighting the Ticket Is Worth It

Challenging a handheld device citation might help you:

  • Avoid driving record impact,

  • Save on insurance increases,

  • Reduce or dismiss demerit points,

  • Prevent potential employment issues.

Strong legal defences include questioning whether the officer observed clearly, verifying if the device was truly in use, or confirming if your situation qualified as an emergency exception .

Our Process

Here’s how we support you step by step:

  1. Free Initial Consultation
    — Confidential discussion to understand your case.

  2. Ticket Review & Evidence Collection
    — We examine the officer’s notes, location, timing, and other critical details.

  3. Defence Strategy
    — We explore grounds like insufficient evidence, emergency use, or device placement exceptions.

  4. Court Representation
    — Let us appear on your behalf and minimize hassle.

  5. Outcome Management
    — We guide you through any outcomes—managing demerit points, reinstatements, or further appeals.

Why Work with Us?

Our team specializes in traffic law in Ontario. We combine deep knowledge of Section 78.1, strategic legal tactics, and professional representation to protect your licence, insurance rates, and record.

Ready to Take Action?

Don’t let a distracted driving charge derail your future. Reach out today for a free, no-obligation consultation—we'll help you understand your options and defend your record.