Truth Bomb: Is It Worth Fighting your Cell Phone Ticket in Ontario?

In Ontario, cell phone tickets (also known as distracted driving tickets) have become increasingly common as authorities crack down on handheld devices while driving. If you’ve received such a ticket, you may be wondering whether it’s worth fighting.

This article will examine the pros and cons of contesting a cell phone ticket in Ontario and provide insights to help you make an informed decision.

Understanding Cell Phone Tickets in Ontario

Before delving into the merits of fighting a cell phone ticket, it’s essential to understand what these tickets entail. In Ontario, using a handheld device while driving is prohibited under the Highway Traffic Act. This includes activities such as:

• Holding or using a cell phone
• Texting, emailing, or browsing the internet
• Programming a GPS device
• Viewing display screens unrelated to driving

The penalties for distracted driving in Ontario are significant and have increased in recent years:

First offence:

• A fine of $615 to $1,000
• Three demerit points
• 3-day license suspension

Second offence (within 5 years):

• A fine of $615 to $2,000
• 6 demerit points
• 7-day license suspension

Third and subsequent offences (within five years):

• A fine of $615 to $3,000
• Six demerit points
• 30-day license suspension

Pros of Fighting a Cell Phone Ticket

1. Potential to Avoid Penalties
   The most apparent benefit of successfully fighting a cell phone ticket is the relief of avoiding the associated penalties. This includes the fine, demerit points, and license suspension. Avoiding a license suspension can be crucial for many drivers, especially those who rely on their vehicles for work.
2. Protecting Your Driving Record
   A conviction for distracted driving remains on your driving record for at least three years. This can have implications for your insurance premiums and may affect employment opportunities that require a clean driving record. Successfully contesting the ticket can empower you to maintain a clean record.
3. Possibility of Reduced Charges
   Even if you can’t have the ticket dismissed entirely, fighting it may result in reduced charges or penalties. For example, you can negotiate a lower fine or fewer demerit points, giving you hope for a less severe outcome.
4. Uncovering Potential Errors
   |By contesting the ticket, you can review the evidence against you. This process may uncover errors in the officer’s report or procedural mistakes, such as incorrect date or time on the ticket, that could lead to the ticket being dismissed.

Cons of Fighting a Cell Phone Ticket

1. Time and Effort Required
   Fighting a ticket requires a significant investment of time and effort. You must research the law, prepare your defence, and take time off work to attend court hearings. The process typically involves pleading not guilty, presenting your case in court, and potentially cross-examining the officer who issued the ticket. It’s important to be prepared for each step of the process.
2. Potential for Increased Fines
   If you choose to fight the ticket and lose, you may face higher fines than if you had paid the original ticket. In Ontario, the fine can increase from \$615 to up to \$1,000 for a first offence if you’re found guilty after contesting the ticket.
3. Legal Costs
   You’ll incur additional costs if you choose to hire a paralegal or lawyer to represent you. While professional representation can increase your chances of success, it also adds to the overall expense of fighting the ticket.
4. Stress and Uncertainty
   Fighting a ticket can be stressful, especially if you need to familiarize yourself with the legal system. There’s also no guarantee of success, which can add to the anxiety of the situation.

Factors to Consider When Deciding to Fight a Cell Phone Ticket

1. Strength of the Evidence
   Consider the circumstances under which you received the ticket. Was the officer’s view unobstructed? Are there any witnesses who can corroborate your version of events? The strength of the evidence against you will play a significant role in your chances of successfully contesting the ticket.
2. Your Driving Record
   If you have a clean driving record, you may have a better chance of having the charges reduced or dismissed. A clean record can demonstrate to the court that you are a responsible driver and may be more likely to follow the law in the future. Conversely, if you have previous convictions, mainly for distracted driving, fighting the ticket successfully may be more challenging.
3. Potential Impact on Insurance Premiums
   A conviction for distracted driving can significantly increase your insurance premiums. These increases can persist for several years, potentially costing you more in the long run than the initial fine. Consider obtaining quotes from your insurance provider to understand the potential impact.
4. Your Circumstances
   Consider how a conviction might affect your personal and professional life. Fighting the ticket may be more worthwhile if you rely on driving for work or have other circumstances that make a clean driving record particularly important.

Strategies for Fighting a Cell Phone Ticket

If you decide to contest your cell phone ticket, consider the following strategies:

1. Challenge the Officer’s Observations
   Police officers must have a clear, unobstructed view of the alleged offence. If you can demonstrate that the officer’s view was obstructed or couldn’t have seen what they claimed, you can cast doubt on the evidence.
2. Argue Necessity or Emergency
   Sometimes, using a handheld device while driving may be justified due to an emergency. You may have a valid defence if you can provide evidence that you were using your phone to call 911 or respond to a genuine emergency.
3. Dispute the Definition of “Use”
   The law prohibits “holding or using” a handheld device. You may have a defence if you can demonstrate that you were not actually using the device (for example, if it was merely resting in your lap).
4. Seek a Plea Bargain
   In some cases, prosecutors may be willing to reduce the charges or penalties in exchange for a guilty plea. This can mitigate the consequences without the risk of going to trial.

What do I do now with my Distracted Driving charge?

Deciding whether to fight a cell phone ticket in Ontario is a personal decision that depends on various factors. While there are potential benefits to contesting the ticket, including avoiding penalties and protecting your driving record, it’s essential to weigh these against the time, effort, and likely costs involved. Fighting the ticket may be worthwhile if you have a strong case, a clean driving record, or significant personal or professional reasons for maintaining a clean record. However, if the evidence against you is strong or you’re facing repeat offences, it may be more practical to accept the penalties and focus on changing your driving habits. Ultimately, the best action is to avoid using handheld devices while driving altogether. Not only will this keep you on the right side of the law, but it will also contribute to safer roads for everyone. If you receive a cell phone ticket, carefully consider your options and, if necessary, seek legal advice to make the best decision for your situation.