Diligent Defence for Cell Phone Violations
Hand-Held Communication Device (HTA: 78.1)
Understanding Hand Held Communication Device Violations
Types of Violations
The offence of using a hand-held communication device is outlined in s.78.1 of the Highway Traffic Act. Here, no person shall drive while holding or using a hand-held device, or any other device that is not related to the safety of the vehicle. This includes:
- Texting While Driving
- Operating Apps on the hand-held device
- Operating the GPS system on the hand-held device
Penalties for Using Hand Held Communication Devices
Penalties for the violation of using a hand-held communication device include:
- First Offence:
- Fine: $500 to $1,000
- Demerit Points: 3
- Licence Suspension: 3 days
- Second Offence:
- Fine: $500 to $2,000
- Demerit Points: 3 to 6
- Licence Suspension: 7 days
- Third and Subsequent Offences:
- Fine: $500 to $3,000
- Demerit Points: 3 to 6
- Licence Suspension: 30 days
Penalties vary depending on the amount of time between subsequent offences.
Why Fight a Hand Held Communication Device Ticket?
1. Protect Your Driving Record
Traffic violations, including the associated number of demerit points, are recorded on your driver’s abstract. Accumulating demerit points may result in your licence being suspended, or even revoked.
Novice drivers holding a G1, G2, M1 or M2 Licence will face licence suspensions instead of demerit points.
2. Avoid Higher Insurance Premiums
How Patel Law Can Help
If you’ve received a ticket for Hand-Held Communication Device Violations while driving in Ontario, don’t wait. Contact us today to schedule a consultation and discuss your case.
At Patel Law PC, we can help you to lessen or to avoid these penalties altogether.

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Steps to Take When You Receive a Violation
1. Accept the Ticket Politely
2. Review Your Options
If you received a traffic ticket, you typically have three options:
- Plead guilty and pay the fine,
- Seek early resolution to potentially reduce the penalty,
- Or choose to go to trial.
If you received a summons, you must appear at the scheduled date, time, and location indicated on your summons. At Patel Law PC, we would appear on this date for you, and take carriage of your matter.
3. Seek Legal Assistance
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Protecting Your Driving Record and Your Rights
Comprehensive Legal Defence for Cell Phone Violations in Halton Region