Distracted driving remains one of Ontario’s leading road safety issues, contributing to thousands of accidents every year. Recent data shows that distracted driving accounts for over 25% of all fatal crashes in the province, often surpassing impaired driving as a leading cause of accidents. Alarmingly, Ontario recorded a 36% increase in distracted driving fatalities from 2019 to 2022, with 105 people losing their lives in 2022 alone due to distracted driving incidents ( Ontario road safety annual report, 2023 ).
The risk of distraction is critical: drivers using mobile devices are 4 times more likely to be involved in a crash 4 times more likely to be involved in a crash (CAA National, 2023) than those focusing fully on the road, a risk level that rivals impaired driving. The Ontario Ministry of Transportation (MTO) emphasizes that the severity of distraction mirrors or exceeds the dangers of impaired driving. With these risks, it’s clear that distracted driving awareness and attentiveness are essential.
MassTsang’s lawyers highlight Ontario’s distracted driving laws, which go beyond electronic devices to encompass a wide range of actions that divert a driver’s attention. “The law is clear and extensive,” notes Heather Spence, a criminal defense lawyer at MassTsang . “If your eyes, hands, or attention stray from the road, even for a moment, you’re putting yourself at risk of both accidents and charges.”
Ontario’s data on distracted driving reveals the significant toll it takes on the roads:
These statistics demonstrate the urgent need for Ontario drivers to adopt distraction-free habits, as seemingly minor distractions can have severe consequences.
Ontario’s definition of distracted driving is extensive, aiming to prevent any activity that could impair a driver’s ability to operate a vehicle safely. Here are some key categories of distraction:
Drivers often assume certain actions are safe, especially at red lights. However, holding or glancing at a phone — even when stopped — counts as distracted driving under Ontario law. Brian Brody, a criminal defense lawyer at MassTsang , explains, “It’s often the minor actions that lead to charges. Even adjusting the radio or reaching for something in the backseat, if done unsafely, can result in penalties.”
Ontario’s distracted driving laws carry severe penalties designed to deter drivers from risky behaviors. Penalties increase with repeated offenses, as shown below:
| Offense Count | Fine | Suspension | Demerit Points |
|---|---|---|---|
| First | Up to $1,000 | 3 days | 3 points |
| Second | Up to $2,000 | 7 days | 6 points |
| Third and Beyond | Up to $3,000 | 30 days | 6 points |
In addition to fines, suspensions, and demerit points, drivers face other long-term financial impacts. A conviction for distracted driving typically results in a steep increase in insurance premiums. In some cases, drivers may even find their policies canceled after multiple offenses. For those whose jobs involve driving, a conviction may impact employment as well. Jeff Mass, MassTsang’s managing partner , warns, “ Distracted driving is not just a fine. It has lasting effects on your financial standing and career, especially for repeat offenders.”
Ontario’s distracted driving law has specific exceptions allowing limited use of electronic devices while behind the wheel. These exceptions are designed to maintain safety while recognizing that certain situations may require device usage:
These exceptions illustrate the intent behind Ontario's law: to reduce distractions while accommodating necessary safety actions. Nevertheless, the enforcement and interpretation of these exceptions remain stringent to prioritize road safety. As the law continues to evolve, it is wise for drivers to avoid non-essential device use while driving to minimize both safety risks and legal repercussions.
Facing a distracted driving charge doesn’t mean an automatic conviction. There are several effective legal defenses, which often hinge on the specific circumstances surrounding the charge. Common defense strategies include:
One recent MassTsang case involved a driver charged for adjusting a GPS during a slow-moving traffic jam. By examining the situation in detail and challenging the severity of the distraction, MassTsang’s team achieved a favorable outcome. “An effective defense doesn’t always mean disproving distraction,” explains Bobbie Tsang, one of MassTsang’s senior lawyers . “It’s often about questioning how the distraction was observed and classified by the officer.”
The best way to avoid distracted driving charges is to be proactive and mindful behind the wheel. Some practical steps include:
Heather Spence, a criminal defense lawyer with MassTsang , adds, “Staying hands-free and preparing in advance helps eliminate most distractions. Mindful driving is key to avoiding these charges.”
Can You Be Charged for Holding a Phone at a Red Light?
Yes, under Ontario law, even holding your phone at a red light counts as distracted driving. Any interaction with a device while your vehicle is in drive mode can incur a charge.
Is Eating or Drinking While Driving Considered Distracted Driving?
Yes, eating and drinking are distractions if they impair your ability to drive. The law generally focuses on activities that compromise control, so if an officer deems your eating or drinking to interfere, it may result in charges.
What Happens if I’m Pulled Over for Distracted Driving?
You may receive a fine, license suspension, and demerit points based on your offense history. You have the right to contest the charge, often with the assistance of legal representation.
How Does a Distracted Driving Charge Affect Insurance?
A conviction can lead to significantly increased premiums. Multiple infractions may even result in non-renewal of your policy by certain insurers.
Are There Exceptions to the Distracted Driving Law?
Exceptions include emergency situations, such as calling 911, and using hands-free devices. Additionally, you can use devices if fully parked off-road.
Ontario’s distracted driving laws aim to protect everyone on the road. By staying informed about what qualifies as a distraction and taking proactive steps to minimize risk, drivers can avoid charges and drive more safely. For those facing charges, MassTsang lawyers provide expert guidance and defense strategies.
“These laws are in place to make roads safer for all,” concludes Jeff Mass . “If you’re facing a charge, it’s worth exploring your legal options to ensure the best outcome.”
Canadian Automobile Association (CAA). (2021). Distracted driving statistics . CAA. https://www.caa.ca/driving-safely/distracted-driving/statistics/
Government of Ontario. (2023). Ontario road safety annual reports . Ontario.ca. Retrieved from https://www.ontario.ca/document/print/book/80362
Government of Ontario. (2024, July 29). Preliminary 2023 Ontario road safety annual report selected statistics . Ontario.ca. Retrieved from https://www.ontario.ca/document/ontario-road-safety-annual-reports-orsar/preliminary-2023-ontario-road-safety-annual
Global News. (2023, April 27). Distracted driving deaths up 36% over 2 years in Ontario: Report . Retrieved from https://globalnews.ca/news/distracted-driving-deaths-ontario-report
ThinkInsure. (2024). What is distracted driving in Ontario? 2024 rules, laws & fines . Retrieved from https://www.thinkinsure.ca/insurance-help-centre/distracted-driving-in-ontario.html
