Challenging a distracted driving charge in Ontario is not a lost cause. With the right strategies, you can successfully defend yourself. Here are the most effective defences that have brought relief to many facing these charges.


1. Insufficient Evidence


Officer's Observations


The prosecution must prove that you were using a prohibited device while driving. The officer's testimony must be clear and consistent about what they observed. If there are gaps or inconsistencies in their observations, this can create reasonable doubt about your guilt.


2. Emergency Situation Defence


Legitimate Emergencies


Ontario law recognizes exceptions for emergencies. If you can demonstrate that you were using your device to:

- Call 911


- Contact emergency medical services


- Respond to a genuine emergency

This defence can be valid, though you must provide concrete evidence to support your claim.


3. Technical Device Defence


Device Status and Mounting


This defence focuses on the technical aspects of device use and can work in several ways:

- Proving the device was mounted correctly and secured


- Demonstrating that any interaction was hands-free


- Showing that the device malfunctioned or activated independently

4. Constitutional Violations


Rights Protection


This defence examines whether your constitutional rights were respected during:

- The initial traffic stop


- The investigation process


- The collection of evidence

If law enforcement violated your rights under the Canadian Charter of Rights and Freedoms, it could lead to the dismissal of charges.


5. Procedural Errors


Administrative Mistakes


Law enforcement must follow strict procedures when issuing distracted driving tickets. Potential procedural defences include:

- Errors in how the case was processed


- Mistakes in the ticket documentation


- Improper handling of evidence


- Inconsistencies in official records

Success Factors


When presenting these defences, success often depends on the following:

- The quality of supporting evidence


- Professional legal representation


- Thorough preparation


- Clear documentation

Remember that distracted driving charges in Ontario carry significant penalties, including fines up to $1,000 for first offences, three demerit points, and a three-day license suspension. These penalties can have a lasting impact on your driving record and insurance rates. A strong defence strategy is crucial for protecting your driving record and avoiding these serious consequences.

https://youtu.be/Ny7kJwDu-6w https://www.nextlaw.ca/?p=29910