Distracted Driving: Penalties & Defences

Strict Handheld Device Rules

Under the Highway Traffic Act, it is illegal to hold or use any handheld communication or entertainment device while driving.

• Even at a Red Light — You are considered 'driving' even if the car is stopped at a traffic light.
• What's Illegal — Texting, calling (unless hands-free), scrolling, or even just holding the phone.

The Penalties

• First Conviction — Fine up to $1,000, 3 demerit points, and a 3-day licence suspension.
• Second Conviction — Fine up to $2,000, 6 demerit points, and a 7-day licence suspension.
• Third Conviction — Fine up to $3,000, 6 demerit points, and a 30-day licence suspension.

Defence Strategies

• Hands-Free Exception — If the device was securely mounted and you only touched it once to activate or deactivate a function.
• Emergency Use — If you were calling 911 for an emergency.
• Evidence and Logs — Checking police logs and device records for timing inconsistencies.