Can You Fight A Texting And Driving Ticket?

Distracted driving in Ontario has been a growing issue over the last couple of decades. The use of cellphones for texting while driving has led to numerous accidents, injuries, and fatalities. To combat this, strict distracted driving laws have been put in place. These laws prohibit the use of hand-held wireless communication devices, such as cell phones and GPS devices, while driving.

Penalties for distracted driving include fines, demerit points, and possible licence suspension. Novice drivers face even stricter penalties under the graduated licensing system. A conviction of distracted driving can also lead to increased insurance premiums and a mark on your driving record.

There are legal defences available if you’re charged with distracted driving. Consulting with a professional, like a paralegal, can help you navigate your case. Services like OTD Legal offer free consultations to look into your case and advise on possible defences. This can help mitigate penalties or even get charges dismissed.

Using hands-free devices, such as Bluetooth, is allowed as long as the device is securely mounted and requires minimal use of hands. Voice commands are also permitted to ensure safer usage.

Common Defences:

• Being lawfully parked
• The device was securely mounted and used hands-free
• Lack of evidence or mistakes by the police

 

If charged with distracted driving, you may receive a court summons and need to appear for a hearing. A professional can help you prepare a defence strategy and potentially fight the ticket. It is crucial to gather all necessary evidence and understand the specifics of your case.

 

Video Transcription:

A question that’s often asked is, can you fight a texting and driving ticket? The obvious answer when you’re looking at a video like this from a firm like OTD legal is yes, those can be fought. Turning back the history and why you want to fight something like that. Let’s look at how this happened in the first place that we’re dealing with a ticket such as this in Ontario over the last couple of decades, there have been a rise of accidents, fatalities, and problems where people have been using their cell phones to text information. It’s a newer and novel way to communicate, and it became a bigger problem for Ontario, and in fact, throughout North America, resulting in significant personal injury and death.

The reality of these particular charges is we have done a better job now that people are more aware of this particular behavior, now that this legislation exists. That being said, there are defenses to this type of thing. There are also many mistakes. Because there’s so much pressure on the police to look for this type of behavior, there’s an incredible number of charges that are laid. And these charges you might be aware of, if they do end up in a conviction, on your record, there is a consequence of demerit points, suspension, and increased insurance rates. In many of these cases, there are defenses that are available to you, that you need to discuss with some professional, a professional that deals with this type of thing, that can help you.

Either A, get out of the charge completely, or mitigate whatever potential penalties may occur. This process that goes on begins with a consultation, a free consultation at OTD legal, at which point one of us, one of the staff, or even myself will take a look at exactly what happened with a view to what potential defenses you may have in order to assist you and and you’re driving And you’re driving record into the future.

So the quick and easy answer to the question of can you fight a texting and driving ticket in Ontario is yes, absolutely. We can help you.