Ontario’s distracted driving penalties are among the strictest in North America. Here is what a handheld device conviction actually means for your licence and wallet.
What Ontario law prohibits
Under section 78.1 of the HTA, drivers cannot hold or use a hand-held wireless communication device while driving — including when stopped at a red light. The law applies to cell phones, tablets, GPS units held in the hand, and entertainment devices.
Hands-free and properly mounted devices are permitted. The Crown must prove you held the device and used it — both elements must be established.
Penalties in 2026
Ontario has significantly increased distracted driving penalties in recent years.
- First conviction: $615–$1,000 fine + 3 demerit points + 3-day licence suspension.
- Second conviction: $1,000–$2,000 fine + 6 demerit points + 7-day suspension.
- Third+ conviction: $2,000–$3,000 fine + 6 demerit points + 30-day suspension.
- Insurance: up to 100% premium increase on first conviction.
Defences that work
The most productive defences challenge whether the Crown can prove the device was actually being held and used. Officer observations made in moving traffic, at angles, and from distance are frequently imprecise. We cross-examine on those observations and pursue reductions to zero-demerit alternatives wherever the evidence allows.