Ontario Distracted Driving Penalties 2025: Fines, Points and New Enforcement
· Traffic Laws · TrafficDefence.solutions
Ontario distracted driving penalties remain among the toughest in Canada. 3 demerit points, $615–$1,000 fine for a first offence, and serious insurance consequences.
Distracted Driving in Ontario: Where the Law Stands in 2025
Ontario's distracted driving laws haven't changed structurally since 2019, but enforcement has intensified and the courts have clarified the boundaries of what counts as "hand-held device use." Here's what you need to know.
What Counts as Distracted Driving?
Under Section 78.1 of the Highway Traffic Act, it is illegal to:
- Hold or use a hand-held wireless communication device (phone, tablet, etc.)
- Hold or use a hand-held entertainment device (iPod, portable gaming device, etc.)
- View a display screen unrelated to driving
- Program a GPS device while driving (unless it's mounted and hands-free)
Notably, you can be charged for simply holding your phone — you don't have to be actively using it. Stopped at a red light? You can still be charged.
2025 Fines and Penalties
| Offence | Fine | Demerit Points | Licence Suspension |
|---|---|---|---|
| First offence | $615–$1,000 | 3 | None (but possible for new drivers) |
| Second offence | $615–$2,000 | 6 | 3 days (G1/G2: 60 days) |
| Third offence | $615–$3,000 | 6 | 30 days (G1/G2: longer) |
Special Consequences for New and Young Drivers
Drivers under a graduated licence (G1 or G2) face zero-tolerance distracted driving rules. A single distracted driving conviction means an immediate 30-day licence suspension for a G1, and stricter consequences for G2 holders. Given that new drivers also face stricter demerit point thresholds (accumulating 9 points triggers a suspension vs. 15 for fully licensed drivers), a distracted driving conviction is especially serious.
Insurance Consequences
Three demerit points from a first distracted driving conviction are enough for many insurers to classify the ticket as a minor conviction and add a surcharge at renewal. Second or third offences — with 6 demerit points each — are treated as major convictions and can double or triple your premium, or cause non-renewal.
Common Defences Against Distracted Driving Charges
- You weren't holding the device: The officer must have had a clear view. If visibility was obstructed, this is challengeable.
- Device was not a communication/entertainment device: A dash-mounted GPS being adjusted via touch is treated differently than a handheld phone.
- Necessity or emergency: Calling 911 in an emergency is a lawful excuse.
- Improper identification: In heavy traffic, can the officer positively identify that you — not the driver of a similar vehicle — were using a device?
Fighting Your Distracted Driving Ticket
Distracted driving charges are worth fighting. Not every case has a winning defence, but a skilled paralegal can often negotiate a lesser charge or reduced fine that protects your driving record and insurance rating. Contact us for a free consultation: 289-275-3513.
For professional traffic ticket defence in Ontario, contact Defend-it Legal Services at 289-275-3513. Free case evaluations available.