[Wolf 335]

Has anyone experienced getting a fine under the new 2019 distracted driving laws.

Is it possible to get this dismissed, if you're ticketed for driving while using a hand held device?

First offence: $500, 3 points, 3 day suspension (if convicted)

[adriang]

x-copper

[shuotong]

No proper way to dismiss this. But worth to bother them, ask for a trial, request a disclosure, and see what evidence they have. Argue it and they may just give up on you, but distracted driving is quite a serious offence so don't expect the prosecutor will give it up easily.

[shuotong]

I really suggest to mount your device to your vehicle, not worth the risk for $500 and surprise insurance bill.

[Nick.B]

Originally Posted by shuotong

No proper way to dismiss this. But worth to bother them, ask for a trial, request a disclosure, and see what evidence they have. Argue it and they may just give up on you, but distracted driving is quite a serious offence so don't expect the prosecutor will give it up easily.

If they don't get the disclosure to you with reasonable time to review and prepare before the trial, it can get thrown out. A reasonable prosecutor may even withdraw the charges as the first matter of business when court starts to get you on your way quickly. I've seen it happen.

[dublin14]

Fight it. At least go in front of JP and ask for a reduction as best as they are willing or go to.court and ask the Judge. I have done this at least 5 times back in the day. A few times the officer never showed up and I walked. Others got reduced.

[starbuck]

Originally Posted by shuotong

I really suggest to mount your device to your vehicle, not worth the risk for $500 and surprise insurance bill.

Mounting your device does not save you from this ticket...any device that transmits data and is not part of the cars entertainment system will land you a ticket.

This is not like other tickets...these are rarely negotiated and also carry a 3 day suspension now if convicted.

[Ali-E90]

The comment about mounting the phone maybe just reduces the risk of a ticket. Not that it's legal to use it in that position, just harder to prove guilt since you're not actively holding the phone (of course if they have evidence of you interacting with it, you're out of luck).

Court route is prob your best bet to get it reduced, but may not happen if they have sufficient evidence.
The days of cops not showing up are pretty much over, in GTA cases only get scheduled on days where the cop gets paid to be specifically in court. Much higher chance of them showing up.

If you know a good paralegal, they may be able to help. Nothing but positive reviews from the one below.

[TheMidnightNarwhal]

Originally Posted by shuotong

I really suggest to mount your device to your vehicle, not worth the risk for $500 and surprise insurance bill.

Having a mounted device only allows you to have navigation/GPS. You still can't really touch or interact it legally.

[TheMidnightNarwhal]

Originally Posted by starbuck

Mounting your device does not save you from this ticket...any device that transmits data and is not part of the cars entertainment system will land you a ticket.

Might not save OP from the ticket since he was probably texting but your statement isn't 100% true. You can legally mount your device and have it show you navigation. But that's pretty much it.

[doublecup]

Originally Posted by TheMidnightNarwhal

Might not save OP from the ticket since he was probably texting but your statement isn't 100% true. You can legally mount your device and have it show you navigation. But that's pretty much it.

Originally Posted by TheMidnightNarwhal

Having a mounted device only allows you to have navigation/GPS. You still can't really touch or interact it legally.

Are you sure about that? I don't have any personal experience, but..

According to the website: https://www.ontario.ca/page/distracted-driving

Under "what counts as distracted driving," It places the emphasis on "hand held".

Ontario’s distracted driving laws apply to the use of hand-held communication/entertainment devices and certain display screens.

Then under penalties..

The easiest way to avoid penalties for distracted driving is to not use a hand-held device when you’re behind the wheel.

It’s against the law to use hand-held communication (e.g. your phone) and electronic entertainment devices (e.g. DVD player, e-reader) while driving.

In fact, simply holding a phone or other device while driving is against the law.

It keeps the emphasis on holding, even bolds "hand-held".

Then it says:

You can use:

- a hands-free device (e.g. Bluetooth) but only to turn it on and off
- a mounted device (e.g. phone, GPS) as long as it is secure – not moving around while driving

So it specifically states you CAN use a mounted phone, it does not qualify it with "only for looking at navigation but you can't touch it" or anything like that. I feel like if that was the case it would've been stated clearly.

After reading the above I was under the impression that you can indeed fuck with the phone to some extent as long as it's mounted, like to enter a different destination, to skip a song, open up your Torque app, or whatever - as long as it's mounted.

It also kind of makes sense because some cars have touchscreen navs. In my old Honda, I had to use it in order to change climate control settings. That's not any less distracting than clicking a button to skip on a song on a mounted phone 2 inches away.

[TheMidnightNarwhal]

Originally Posted by doublecup

Are you sure about that? I don't have any personal experience, but..

According to the website: https://www.ontario.ca/page/distracted-driving

Under "what counts as distracted driving," It places the emphasis on "hand held".



Then under penalties..



It keeps the emphasis on holding, even bolds "hand-held".

Then it says:



So it specifically states you CAN use a mounted phone, it does not qualify it with "only for looking at navigation but you can't touch it" or anything like that. I feel like if that was the case it would've been stated clearly.

After reading the above I was under the impression that you can indeed fuck with the phone to some extent as long as it's mounted, like to enter a different destination, to skip a song, open up your Torque app, or whatever - as long as it's mounted.

It also kind of makes sense because some cars have touchscreen navs. In my old Honda, I had to use it in order to change climate control settings. That's not any less distracting than clicking a button to skip on a song on a mounted phone 2 inches away.

Right, but the line I was focusing on was

You are allowed to use hands-free wireless communications devices with an earpiece, lapel button or Bluetooth. You can view GPS display screens as long as they are built into your vehicle’s dashboard or securely mounted on the dashboard.

It also say this for what is illegal. So technically using your car screen to control climate is legal... I guess? It is very confusing indeed.

view display screens unrelated to driving, such as watching a video