Fighting your cell phone or distracted driving ticket is essential to protecting your driving record, a huge fine and higher insurance rates.

If you’re convicted of distracted driving your drivers licence will be suspended for 3 days, 3 demerit points, and a $281 reinstatement fee. Not only will the conviction for the ticket affect your insurance but the licence suspension will count as a second hit to your insurance, marking you as a high-risk driver increasing your rates dramatically. The penalties are even worse for Novice G1, G2 and M1 Drivers.

Fighting a cell phone ticket can save you from these serious financial and personal consequences. With experienced representation, like OTT Legal, you can challenge the evidence, take a stand while OTT Legal defends you in traffic court.

Receiving a cell phone ticket is not just a minor inconvenience—it can lead to significant penalties, including fines, demerit points, and potential impacts on your driving record and insurance premiums. These tickets fall under distracted driving laws, which are treated as serious offences due to their implications for road safety.

Why Cell Phone Tickets Are Challenging to Fight

• Highly Political Nature: Governments and law enforcement treat distracted driving as a top priority. Public safety campaigns and public sentiment around the dangers of distracted driving mean prosecutors are often instructed to take a hard line on these cases.

• No Room for Negotiation: Unlike some traffic offences, most cell phone ticket cases proceed directly to trial. Prosecutors rarely offer plea deals or reductions in charges, fines, demerit points, or associated suspensions.

• Technical and Legal Complexities: Prosecutors often rely on technical arguments and strict legal interpretations to secure a conviction. They may argue:
  • The exact nature of the device in question.
  • Whether the device was being “used” according to the law.
  • Essential elements of the charge, including whether the accused was in control of the vehicle at the time of the alleged offence.

What to Expect in Court

When fighting a cell phone ticket in court, understanding what to expect during the trial is crucial. The prosecution will rely on specific arguments and strategies to strengthen their case. Here are the key areas often addressed:

• Cross-Examination of the Police Officer: Much of the evidence hinges on the officer’s testimony. Prosecutors will present the officer’s observations and argue their reliability.
• Focus on Details: The make and model of the device, where it was located, and how it was being used will be scrutinized.
• Burden of Proof: While the burden is on the prosecution, challenging their case requires in-depth knowledge of traffic laws and courtroom procedures.

These focal points highlight why cell phone ticket trials are not straightforward. Having a skilled representative who can anticipate these strategies and build a strong defence is essential to a winning outcome.

Why You Need Professional Representation

Given the strict stance on distracted driving and the technical nature of these trials, it is essential to have experienced representation. A legal professional can:

• Challenge the Evidence: Identify weaknesses in the prosecution’s case, such as inconsistencies in the officer’s testimony or insufficient proof.

• Navigate Legal Complexities: Understand the nuances of distracted driving laws and precedents that could work in your favour. Apply any legal arguments or motions that may apply to your case.

• Advocate for You in Court: Present a compelling defence while cross-examining witnesses and countering the prosecutor’s arguments.

How OTT Legal Can Help

At OTT Legal, we specialize in fighting distracted driving charges, including cell phone tickets. Our team of legal advocates will:

• Analyze your case thoroughly to determine the best defence strategy.
• Represent you in court with the goal of having your charges dismissed or reduced.
• Provide clear, effective communication throughout the process so you understand your options and the progress of your case.

Don’t face these charges alone—contact OTT Legal for the representation you need to protect your driving record and your future.

Facing a cell phone ticket or distracted driving charge in Ontario can have serious consequences, including hefty fines, demerit points, license suspensions, and dramatically increased insurance rates.

Whether it’s your first, second, or third conviction, these penalties can disrupt your life, impact your ability to drive, and make insurance unaffordable. Understanding the full scope of penalties is essential to protecting your driving record and financial future.

First conviction:

• Fine: the fine for distracted driving is $615 if settled out of court. The fine can increase to $1,000 upon conviction, depending on the circumstances.

• Demerit Points: You will receive demerit points, which remain on your driving record for two years and may lead to further consequences if accumulated.

• Licence Suspension: A 3-day suspension, temporarily preventing you from driving, disrupting your daily routine and potentially impacting your work and personal commitments.

• Reinstatement Fee: After your suspension, you will be required to pay a $281 reinstatement fee to regain your driving privileges.

• Insurance Increases: Your insurance premiums will rise significantly, as insurance companies will consider you a high-risk driver, increasing your financial burden.

Second conviction:

• Fine: The penalty increases to a $615 fine if settled out of court, with the potential for a fine of up to $2,000 if you are convicted in court.

• Demerit Points: You will be assigned 6 demerit points, which can have a major impact on your driving record and insurance rates.  At 8 dmerit points drivers maybe required to a Ministry Driver Licence Review meeting.

• Licence Suspension: A 7-day suspension, preventing you from driving for an entire week, which could seriously affect your mobility and daily life.

• Reinstatement Fee: After the suspension, a $281 fee is required to reinstate your license.

• Insurance Increases: Your insurance premiums will increase even further after a second conviction, as insurers view repeat offences as an indicator of ongoing risk, making your insurance more expensive and difficult to maintain.

Third and subsequent convictions:

• Fine: You will face a $615 fine if settled out of court, but the fine can rise to $3,000 upon conviction, depending on the circumstances of the offence.

• Demerit Points: You will receive 6 demerit points, which will stay on your driving record and may lead to additional consequences such as further suspensions or mandatory interviews with the Ministry of Transportation.

• Licence Suspension: A 30-day suspension, causing significant disruption to your work, family responsibilities, and personal life as you won’t be able to drive for an entire month.

• Reinstatement Fee: You will need to pay the $281 fee after the suspension to reinstate your driving privileges.

• Insurance Increases: Multiple convictions will dramatically increase your insurance costs, potentially making you uninsurable or forcing you into high-risk insurance categories with prohibitively expensive premiums.

Amazing communication, affordable, extremely professional, and my offence was completely dropped. Highly recommend.

For novice drivers (G1, G2, M1, M2):

• Fine: the fine for distracted driving is $615 if settled out of court. The fine can increase to $1,000 upon conviction, depending on the circumstances.

• Licence Suspension: A 30-day suspension for the first conviction, and while no demerit points are applied, the suspension could cause significant disruptions to your ability to drive.

• Licence Reinstatement Fee: A $281 fee is required to reinstate your license after the suspension.

• Increased Insurance Rates: Your insurance premiums will increase, and insurers may classify you as high-risk, leading to much higher costs or even making you uninsurable.

Second conviction:

• Licence Suspension: A 90-day suspension, which significantly impacts your mobility and ability to continue driving.

• Licence Reinstatement Fee: A $281 reinstatement fee is required to regain your driving privileges.

• Increased Insurance Rates: After a second offence, novice drivers may face further rate hikes, with insurers viewing repeat offenders as extremely risky to insure.

At OTT Legal, we specialize in defending drivers facing cell phone ticket and distracted driving charges.

Our experienced team can take care of your traffic ticket usually without your appearance in court. Contact us today to learn how we can help fight your charges and avoid costly insurance hikes.

Best service I have ever received from any lawyer or paralegal for a traffic ticket. I had received a cell phone ticket (probably one of the worst tickets that u can get convicted for on your insurance). The case was dropped and cleared off my record!! I am so thankful to the OTT team for taking such a huge stress off me. Will definitely reach out in the future if need to! Zohra Zahir | Google Reviews

Hand-held devices prohibited – Wireless communication devices.
No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. Ontario Highway Traffic Act section 78.1.1

Meaning – No driver of a motor vehicle on the roadway, even momentarily, while in the driver’s seat of a motor vehicle:

• may hold a working cell phone or other communication device,
• regardless of whether the vehicle was in motion or not.

A driver cannot hold a cell phone at anytime while on the roadway or risk receiving a traffic ticket.

Traffic court paralegal Eddie Cho | Retired OPP Officer

Don’t let a cell phone ticket or distracted driving charge put your driving record and insurance at risk.

Call OTT Legal, we specialize in defending drivers like you, ensuring that you have the best possible representation in court with winning results. We welcome you to read our hundreds of positive traffic ticket reviews of how we’ve won and helped drivers just like you.

With prosecutors fighting hard to uphold these charges, you need an experienced team that knows how to challenge the evidence, cross-examine officers, and apply legal motions. Contact OTT Legal today for a consultation, and let us help protect your licence, driving record, and financial future.