Handheld Device Tickets in Ontario: 9 Ways to Fight the Charge
Distracted driving has become a significant concern on Ontario roads, with the use of handheld devices while driving as a primary culprit. The province has implemented strict laws and penalties for drivers caught using handheld devices behind the wheel. However, if you’ve been issued a ticket for this offence, there are ways to challenge the charge. This article will explore nine potential strategies to fight a handheld device ticket in Ontario.
Understanding the Law
Before delving into defence strategies, it’s crucial to understand what constitutes a handheld device offence in Ontario. This knowledge empowers you to make informed decisions and effectively defend yourself. According to the Highway Traffic Act, it is illegal for drivers to hold or use a handheld wireless communication device or electronic entertainment device while operating a motor vehicle. This includes texting, talking on a phone, or using a GPS device if it’s not securely mounted.
The penalties for distracted driving in Ontario are severe. As of 2024, a first conviction can result in:
- A fine of $615 to $1,000
- three demerit points
- A 3-day license suspension
Subsequent convictions carry even harsher penalties, including higher fines, more demerit points, and longer license suspensions. Given these significant consequences, it’s understandable why many drivers seek to challenge their tickets.
9 Ways to Fight a Handheld Device Ticket
1 – Challenge the Officer’s Observations
One of the most common defences is questioning the accuracy of the police officer’s observations. Officers often have to make split-second judgments about what they see, and they may have misinterpreted what you were doing. For example, if you were adjusting your car’s climate controls or radio, this could be mistaken for phone use from a distance.
To use this defence effectively, you must provide a clear, alternative explanation for what you did when the officer spotted you. Gather evidence to support your claim, such as receipts from a drive-thru if you were handling food or witness statements if someone else was in the car with you.
2 – Prove It Was an Emergency Situation
Ontario law does allow for the use of handheld devices in genuine emergencies. If you were using your phone to call 911 or respond to another type of emergency, this could be a valid defence. However, you must provide evidence to support your claim, such as phone records or witness statements.
3 – Demonstrate the Device Was Mounted
If you were using a GPS or other Device that was mounted correctly in your vehicle, you might have a valid defence. The law allows for using devices that are securely fixed to the vehicle. Take photos of how your Device is mounted in your car to support this defence.
4 – Argue the Device Wasn’t “In Use”
The law prohibits explicitly “holding or using” a handheld device. If the Device was in your lap or on the passenger seat, but you weren’t actively using it, you might be able to argue that you weren’t violating the law. However, this can be a challenging defence to prove, as even holding a device can be considered a violation.
5 – Question the Identification
In some cases, you may be able to challenge whether the officer correctly identified you as the driver. This defence is more applicable when the officer didn’t immediately pull you over but mailed you a ticket based on observations. If you can prove you weren’t driving the vehicle at the time and place stated on the ticket, you can have the charge dismissed.
6 – Argue Necessity
In rare cases, you can argue that using the Device was necessary to prevent more significant harm. For example, if you were using your phone to call for help because your car was malfunctioning dangerously. This is a complex legal defence and should only be attempted with the guidance of a legal professional.
7 – Challenge the Disclosure
When you’re issued a ticket, you have the right to request Disclosure of the evidence against you. This includes the officer’s notes and any other relevant information. If the prosecution fails to provide complete Disclosure, or if there are significant inconsistencies in the evidence, you may be able to have the charge dismissed.
8 – Argue Charter Violations
You can sometimes argue that your rights under the Canadian Charter of Rights and Freedoms were violated during the traffic stop. For example, if the officer conducted an unlawful search of your vehicle or detained you for an unreasonable time. However, this is a complex legal argument that typically requires the assistance of a lawyer.
9 – Negotiate a Plea Bargain
While not technically a way to “fight” the ticket, negotiating a plea bargain can effectively reduce the penalties you face. In some cases, the prosecutor may be willing to reduce the charge to a lesser offence in exchange for a guilty plea. This could result in lower fines, fewer demerit points, or no license suspension.
Preparing Your Defense
Whatever strategy you choose, proper preparation is critical to successfully fighting a handheld device ticket. Here are some steps you should take:
- Gather Evidence: Collect evidence supporting your defence, such as photos, witness statements, or phone records.
- Request Disclosure: As mentioned earlier, you have the right to see the evidence against you. Make a formal request for Disclosure as soon as possible.
- Research the Law: Familiarize yourself with the specific section of the Highway Traffic Act that you’re charged under and any relevant case law.
- Consider Professional Help: While fighting a ticket alone is possible, consulting with a paralegal or lawyer specializing in traffic offences can significantly improve your chances of success. Their expertise can provide reassurance and confidence in your defence.
- Prepare Your Testimony: If you plan to testify in defence, carefully prepare what you’ll say. Be honest, clear, and concise.
The Importance of Fighting the Charge
Given the severe penalties associated with handheld device tickets in Ontario, challenging the charge is often worth the effort. Beyond the immediate fines and license suspension, a conviction can have long-lasting consequences. It can lead to significantly higher insurance premiums and, for some professions, it could even impact employment opportunities. This underscores the importance of considering your options and fighting the charge.
Moreover, fighting the ticket sends a message to law enforcement and the courts that citizens are willing to stand up for their rights. This can lead to more careful enforcement of the law and potentially even changes to the law itself if it’s found to be overly broad or unfair.
So what does this all mean?
While distracted driving is a serious issue that puts everyone on the road at risk, it’s important to remember that not every handheld device ticket is justified. If you believe you’ve been wrongly charged, or if the potential consequences of a conviction are particularly severe, don’t hesitate to explore your options for fighting the ticket.
Remember, each case is unique, and the best defence strategy will depend on the specific circumstances of your situation. While this article provides an overview of potential defences, it’s always advisable to consult with a legal professional who can provide personalized advice based on the details of your case.
By understanding the law, preparing thoroughly, and presenting a solid defence, you can improve your chances of having your handheld device ticket dismissed or reduced. This not only saves you money and protects your driving record in the short term, but it can also prevent long-lasting consequences that could affect your life for years.
Can I use a handheld device in an emergency while driving in Ontario?
Yes, Ontario law allows the use of handheld devices in genuine emergencies, such as calling 911. You must provide evidence to support this claim.
What are the penalties for distracted driving in Ontario?
Penalties for a first conviction include a fine of $615 to $1,000, three demerit points, and a 3-day license suspension. Subsequent convictions result in harsher penalties.
