Hand-held device use
Ontario Highway Traffic Act · Section 78.1(1)
Holding or using a hand-held wireless communication device while driving can lead to a charge. Ontario’s guidance includes being stopped at a red light or in traffic.
At a glance
- Legislation
- Highway Traffic Act
- Section
- 78.1(1)
- Demerit points
- 3 / 6 See qualifications below
- Fine overview
- $615 total¹
Highway Traffic Act, section 78.1 — read the legal wording
Reference copy · Source currency: October 26, 2026 · Retrieved 2026-10-29. This copy does not update automatically. Grey paragraphs identify source notes about changes not yet in force.
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¹The $615 figure is a total payable described by Ontario, not a minimum fine set by law. Do not compare it directly with a base fine from another article.
Penalties and fines
For a first conviction, Ontario lists $615 when settled out of court, including the surcharge and court fee, or a fine up to $1,000 in court. Fully licensed drivers face a 3-day suspension. Repeat convictions carry higher potential fines and longer suspensions. Reinstatement fees can also apply.
Highway Traffic Act, section 78.1 — read the legal wording
Reference copy · Source currency: October 26, 2026 · Retrieved 2026-10-29. This copy does not update automatically. Grey paragraphs identify source notes about changes not yet in force.
Open this panel to load the section.
Demerit points
Fully licensed drivers receive 3 points on a first conviction and 6 on later convictions. New drivers receive longer escalating suspensions instead of points: 30 days, 90 days, then licence cancellation on a third conviction.
Possible insurance effects
A conviction may affect your insurance. FSRA lists driving convictions among the factors insurers consider. The effect varies by insurer and your driving record. This article cannot predict how much your insurance might increase.
New drivers and licence consequences
A G1, G2, M1 or M2 licence can change the consequences of a conviction. Check your full licence status, including any other classes you hold.
For certain charges carrying four or more points, a conviction can lead to extra penalties for new drivers. The Ministry of Transportation handbook says the related points are recorded as zero when these extra penalties apply. They do not count toward the running points total. Hand-held device charges have their own extra penalties for new drivers.
Compare point thresholds and novice rules →Early resolution and your driving record
A lower fine can still mean a conviction
Early resolution may still leave a conviction on your driving record. A lower fine or fewer points does not erase that conviction. Your insurance rates may still be affected.
A conviction means the court has found the person guilty or accepted a guilty plea. Early resolution is a meeting with a prosecutor to discuss the case. It does not guarantee that a charge will be dropped. If the driver pleads guilty to a reduced charge, that charge can still appear on the driving record.
Points follow the charge of conviction
The prosecutor cannot simply remove points while keeping the same conviction. A different charge may carry a different number of points. Separate licence rules may also apply.
A licensed paralegal or lawyer can explain the offer, the evidence and the possible consequences before the driver decides. A charge being withdrawn is different from pleading guilty. Read about early resolution →
How can a licensed paralegal help?
Review the evidence and represent you
A licensed paralegal can review the charge and explain the possible consequences. They can request disclosure: the police notes and other relevant information held by the prosecutor. The prosecutor is the person presenting the case against the driver.
- Review the police notes, documents and any available video.
- Discuss the evidence with the prosecutor.
- Attend a pre-trial meeting or court appearance where permitted.
- Represent the driver at trial and make legal arguments.
A court may still require the driver to attend. The work and the order of the steps depend on the case. Not every traffic case has a formal pre-trial meeting with a judge.
What matters for this charge?
For a hand-held device charge, a paralegal can assess the exact section and the conduct alleged. Communication-device, entertainment-device and display-screen charges involve different sections. Their role includes reviewing the available evidence held by the prosecutor and explaining the charge to the client.
Licence class and relevant prior convictions can affect the penalties. A representative can explain those differences as part of the case assessment. A lower fine alone does not remove a conviction or its possible licence and insurance effects.
Explain the available choices
The paralegal can assess a trial, a possible withdrawal or any proposed resolution. A withdrawal means the prosecutor drops the charge. An acquittal means the court finds the driver not guilty. Neither outcome can be promised.
A guilty plea to a reduced charge still creates a conviction. The driver should understand the possible record, licence and insurance effects before deciding. Seek advice from a licensed paralegal or lawyer about the particular charge. Read about professional representation →
References and further reading
Highway Traffic Act, section 78.1 — read the legal wording
Reference copy · Source currency: October 26, 2026 · Retrieved 2026-10-29. This copy does not update automatically. Grey paragraphs identify source notes about changes not yet in force.
Open this panel to load the section.
- Ontario · Distracted driving ↗
- Demerit Point System · O. Reg. 339/94 ↗
- Ontario Court of Justice · Guide for defendants ↗
- FSRA · What determines your auto insurance rate ↗