How to Check If You Have Traffic Tickets Online in Ontario – 2025 Guide
May 5, 2025Can I Check If I Have Any Tickets in Toronto? – 2025 Step-by-Step Guide
May 11, 2025
Wondering how to fight a handheld device ticket in Ontario? This 2025 guide gives you step-by-step legal advice, defence tips, and court strategies.
Being pulled over for using a handheld device while driving can be a frustrating—and costly—experience. But did you know that with the right approach, many drivers successfully fight these tickets in court? If you’ve received one, don’t panic. This guide will explain exactly how to fight a handheld device ticket in Toronto in 2025, from legal defences to courtroom strategies.
What Is a Handheld Device Ticket in Ontario?
This ticket is issued when a driver is caught holding, using, or interacting with a handheld electronic device while driving, stopped in traffic, or at a red light.
Common Examples of Offences
Texting or calling on a mobile phone
Holding your phone even if you’re not using it
Tapping a GPS screen or adjusting music
Checking notifications or apps while stopped
Legal Penalties for Conviction
| Offence | Penalty |
|---|---|
| First offence | $615 fine, 3 demerit points, 3-day license suspension |
| Second offence | $715 fine, 6-day suspension, 6 demerit points |
| Third offence | $1,000 fine, 30-day suspension |
These tickets also impact your insurance premiums and remain on your record for 3 years.
Why It’s Worth Fighting a Handheld Device Ticket
Avoid high insurance increases
Prevent license suspensions
Challenge unfair or unclear situations
Keep your driving record clean
How to Fight a Handheld Device Ticket in Ontario
Step 1 – Understand the Charge
Read your ticket carefully:
What section of the Highway Traffic Act is cited?
Was the officer specific in the description?
Where and when did it happen?
Step 2 – Request a Trial or Early Resolution
You must file your intention to dispute within 15 days of receiving the ticket.
How to file:
In person at your local Provincial Offences Court
Online via Ontario Court Services
Mail in the “Request for Trial” section from the back of the ticket
Step 3 – Gather Your Evidence
Build a case to show you were not actively using the device or were using it legally (e.g., hands-free, parked, or emergency use).
Helpful evidence:
Photos of your car dashboard or mount setup
Phone records showing no activity
Witness statements (e.g., passenger testimony)
Surveillance or dashcam footage
Step 4 – Legal Defences That Can Work
Some common defences include:
You were legally parked (not just stopped)
You were calling emergency services (911)
The device wasn’t a phone (e.g., empty case or non-functioning device)
You weren’t touching or looking at the device
Note: Simply claiming you were “just holding” the device is not enough—Ontario law prohibits any interaction while behind the wheel.
Step 5 – Consider Legal Representation
If you’re unsure or the charge is serious, hire a paralegal or traffic ticket lawyer.
Pros:
Expert legal strategy
Representation in court
Often cheaper than insurance hike from conviction
What Happens at the Court Hearing?
You and the officer will both be present
Evidence is reviewed
You can cross-examine the officer
The judge or justice will decide based on evidence
Possible Outcomes of Fighting the Ticket
| Outcome | What It Means |
|---|---|
| Dismissed | No conviction, no penalty |
| Reduced | Lower fine or no demerit points |
| Convicted | Full penalties apply |
What to Do If You Lose the Case
You have options:
Appeal the decision within 30 days
Pay the fine and accept points
Request time to pay or consider traffic school if available
How to Avoid Handheld Device Tickets in the Future
Use a proper hands-free system
Pull over legally if you need to use your phone
Set up GPS or music before driving
Use Do Not Disturb mode while driving
Frequently Asked Questions (FAQs)
Q1: Is it illegal to hold your phone at a red light in Ontario?
A: Yes. Even at a stoplight, holding a device counts as an offence.
Q2: Can I fight a handheld ticket without a lawyer?
A: Yes, but having one increases your chance of success.
Q3: How long does a handheld device ticket stay on my record?
A: 3 years from the date of conviction.
Q4: Will this ticket affect my insurance?
A: Yes. Insurers treat handheld tickets as serious infractions.
Q5: What if I was just using my phone as a GPS?
A: If it wasn’t mounted and hands-free, it’s still considered illegal.
Q6: Can I use Bluetooth or voice commands legally?
A: Yes. Hands-free use is allowed under Ontario law.
Conclusion
Getting a handheld device ticket isn’t the end of the road. With the right information and preparation, you can successfully challenge it and protect your driving record. By learning how to fight a handheld device ticket in Ontario, you’re giving yourself the best shot at justice—and saving money in the process.
