#driving #cars #texting #distracteddriving

While driving make sure to put that phone away! (Taken by a passenger)

April is distracted driving awareness month. I wear this hat to remind my online and offline communities that drivers on MY local streets are #RunningWild I am raising awareness of distracted driving with every step. Share and like this post, tag your own or pick-up a hat at DashItFitness.com to make a statement this month. Champion change by raising awareness on YOUR streets and in YOUR communities... #distracteddriving #RunningWild #running #justdrive #runday #trackandfield

No — paying your distracted driving ticket to make it disappear is usually the single worst thing you can do. In Ontario, paying a ticket is legally the same as pleading guilty. The moment you pay, you convict yourself and lock in three demerit points, a three-day licence suspension, and a possible insurance increase all at once — with no way to undo it. It feels like the quick, easy option, but it's actually the most final decision you can make. I'm Jon Cohen, Partner at NextLaw, a distracted driving ticket law firm in Ontario. Here's what paying really does, how often people regret it, and what you could do instead. What does paying a distracted driving ticket actually mean? A lot of people pay the ticket just to be done with it. But in Ontario, paying a ticket is legally the same as pleading guilty. The second you pay, you've convicted yourself. The three demerit points, the three-day suspension, and the insurance increase all lock in at once — and there's no undoing it after that. It feels like the quick, easy option, but it's actually the most final one. That's the trap: the easiest path is also the one you can't reverse. How often do drivers regret paying the ticket? It's more common than you'd think. In Toronto courts, roughly one in ten of these charges are simply paid off. Those drivers handed the Crown an easy conviction without ever testing whether the case against them was even solid — and they took the full penalty for it, on their record and their insurance, for years. If you take one thing from this article: don't be the person who convicts themselves before anyone has even looked at the evidence. What could you do instead of paying? You have options other than paying. These charges can be challenged. The right approach — getting the disclosure, reviewing the officer's evidence, and dealing with the prosecutor properly — is what makes the difference between a conviction and a better outcome. Sometimes the evidence is weaker than it first looks, or there's room to resolve the charge as a lesser one with no demerit points. But you won't know any of that until someone actually looks at it — and none of it is possible once you've already paid. That's why the order matters: understand your position first, then decide. Frequently asked questions Is paying a distracted driving ticket the same as pleading guilty in Ontario? Yes. Paying the ticket registers a conviction, locking in the demerit points, the three-day suspension, and any insurance impact — with no way to reverse it. Can you undo a distracted driving ticket after paying it? No. Once you pay, the conviction is registered and the consequences are locked in. The options to challenge the charge only exist while it's still open. How many people just pay their distracted driving ticket? In Toronto courts, roughly one in ten of these charges are simply paid off, meaning those drivers convict themselves without the case ever being tested. Is it worth fighting a distracted driving ticket? It can be. Whether a charge is worth challenging depends on the evidence and the circumstances, which is exactly why it's worth understanding your options before paying. This article is general information about Ontario law and is not legal advice. Services provided by a licensed lawyer and licensed paralegals at NextLaw. Every case is different; past results do not guarantee future outcomes. Read the full article

Under section 78.1 of the Highway Traffic Act, distracted driving in Ontario means holding or using a hand-held phone or device while driving — even for a second, even just to glance at it, and even while stopped at a red light or in traffic. You don't have to be typing or talking; simply holding the phone in your hand is enough to be charged. A mounted GPS and hands-free calling are allowed, but touching a device while you're moving is not. I'm Jon Cohen, Partner at NextLaw, a distracted driving ticket law firm in Ontario. Here's what the law actually covers — and where the grey areas are. What actually counts as distracted driving under section 78.1? Under section 78.1 of the Highway Traffic Act, it's illegal to hold or use a hand-held phone or device while you're driving — even for a second, even just to glance at it. And "driving" includes when you're stopped in traffic or sitting at a red light. You don't have to be typing or talking. Simply holding the phone in your hand is enough to get you charged. That's why so many drivers are caught off guard: they weren't using the phone in any obvious way, they were just holding it. Is a GPS, hands-free calling, or eating distracted driving? A mounted GPS is fine — as long as it's secured and you set it before you start driving. Touching it while you're moving is not. Hands-free calling is allowed. Eating or drinking isn't actually covered by the distracted driving law itself. But be careful: it can still get you a careless driving charge if it affects how you're driving. So the line isn't always where people assume it is. Why do the details of the charge matter so much? More of these charges run through Toronto than anywhere else in Ontario — it's what we deal with every single day. And a lot of them come down to exactly how the officer says you were using the device. Was the phone actually in your hand, or was it mounted? Were you using it, or just moving it out of the way? Those distinctions matter, and they're often not as clear-cut as the ticket makes them sound — which is very often where a case can be challenged, when it's handled properly. Every case is different, but the details are where the real questions live. Frequently asked questions Is holding your phone at a red light distracted driving in Ontario? Yes. "Driving" includes being stopped at a red light or in traffic, so simply holding a hand-held device at a red light can be a distracted driving charge under section 78.1. Do you have to be typing or talking to be charged? No. Merely holding a hand-held phone or device in your hand while driving is enough to be charged, even if you weren't using it. Is using a mounted GPS distracted driving? A mounted, secured GPS set before you drive is allowed. Touching or handling it while the vehicle is moving is not. Is eating while driving distracted driving in Ontario? Eating is not covered by section 78.1 itself, but it can lead to a careless driving charge if it affects the way you're driving. This article is general information about Ontario law and is not legal advice. Services provided by a licensed lawyer and licensed paralegals at NextLaw. Every case is different; past results do not guarantee future outcomes. Read the full article