Nextlaw - Ontario's Stunt Driving, DUI & U.S. Waiver Law Firm

Under section 78.1 of the Highway Traffic Act, distracted driving in Ontario means holding or using a hand-held phone or device while driving — even for a second, even just to glance at it, and even while stopped at a red light or in traffic. You don't have to be typing or talking; simply holding the phone in your hand is enough to be charged. A mounted GPS and hands-free calling are allowed, but touching a device while you're moving is not. I'm Jon Cohen, Partner at NextLaw, a distracted driving ticket law firm in Ontario. Here's what the law actually covers — and where the grey areas are. What actually counts as distracted driving under section 78.1? Under section 78.1 of the Highway Traffic Act, it's illegal to hold or use a hand-held phone or device while you're driving — even for a second, even just to glance at it. And "driving" includes when you're stopped in traffic or sitting at a red light. You don't have to be typing or talking. Si...

Yes — a distracted driving conviction can raise your car insurance in Ontario, and often by more than drivers expect. On paper it's a minor conviction under section 78.1 of the Highway Traffic Act, but many insurers treat it more harshly than a minor speeding ticket. A conviction may increase your premium at renewal and cost you your conviction-free discount, and the impact can last around three years — sometimes longer. The only sure way to avoid it is to keep the conviction off your record in the first place. I'm Jon Cohen, Partner at NextLaw, a distracted driving ticket law firm in Ontario. Here's what really happens to your rates, how long it lasts, and whether you can avoid it. Does distracted driving raise your insurance in Ontario? It can — and often by more than people expect. On paper, distracted driving is a minor conviction. But a lot of insurers treat it more seriously than a minor speeding ticket, because to them it signals real risk behind the wheel. Once th...

Can the Prosecutor Force You to Go to Trial for a Speeding Ticket? If you're hoping to negotiate a resolution to your speeding ticket, you might be wondering: what if the prosecutor won't make a deal? According to NextLaw's analysis, understanding that prosecutors have discretion—and that trial is sometimes the only option—helps you prepare for all possibilities. Prosecutors Aren't Required to Negotiate Jon Cohen, who has negotiated thousands of speeding cases, is clear about this reality: prosecutors can choose to proceed to trial rather than offer a resolution. They have no obligation to make deals. While most cases do settle through negotiation—it's more efficient for everyone—some cases go to trial because the prosecutor believes they can prove the charge and sees no reason to reduce it. Why Prosecutors Might Refuse to Deal Dan Joffe, traffic lawyer at NextLaw, identifies common reasons prosecutors proceed to trial: - Strong evidence. When calibrati...

How to Talk to the Prosecutor About Your Speeding Ticket If you're attending an early resolution meeting or otherwise speaking with a prosecutor about your speeding ticket, how you approach the conversation matters. According to NextLaw's analysis, drivers who communicate effectively achieve better outcomes than those who don't—regardless of the strength of their cases. What Prosecutors Do and Don't Care About Jon Cohen, who has negotiated with prosecutors across Ontario's court system, explains the prosecutor's perspective: Prosecutors care about whether they can prove the charge and whether a resolution makes sense for the court's docket. They deal with emotional defendants daily. What moves the needle is substance, not stories. What Works - Being respectful and professional. Prosecutors are more willing to work with defendants who treat them courteously. - Being prepared. Showing you've reviewed disclosure and understand the case signals...

The Officer No-Show Myth: Why You Need a Real Defense If you've decided to fight your speeding ticket, you might have heard that officers often don't show up for court and cases get dismissed. According to NextLaw's analysis, this is one of the most persistent—and dangerous—myths about fighting traffic tickets. The Reality: Officers Usually Appear Jon Cohen, who has attended thousands of traffic court proceedings, addresses this myth directly: in the vast majority of cases, officers do appear for trial. Estimates suggest officers show up 85-95% of the time when cases proceed to trial. Building your defense strategy around hoping the officer won't appear is not a strategy at all—it's wishful thinking that usually leads to conviction. Why Officers Typically Appear Dan Joffe, traffic lawyer at NextLaw, explains several reasons officers usually attend: - Court attendance is part of their job. Officers are scheduled for court days as part of their duties. Ap...

Why Evidence Matters More Than Your Story at Traffic Court If you're planning to fight your speeding ticket, there's a fundamental reality you need to understand: courts decide cases based on evidence, not emotional appeals. According to NextLaw's analysis, many drivers undermine their cases by focusing on the wrong things. What Courts Actually Care About Jon Cohen, who has appeared at thousands of traffic court proceedings, is direct about what matters and what doesn't: What Matters - Was the speed measurement device properly calibrated? - Was the officer properly trained to operate it? - Were the correct procedures followed? - Does the evidence actually prove you were travelling at the alleged speed? - Is there reasonable doubt about any element of the prosecution's case? What Doesn't Matter - Whether you're usually a careful driver - Whether you need your license for work - Whether the fine will create financial hardship - W...