Distracted driving is no longer treated as a “minor mistake” in Ontario. Under the Ontario Highway Traffic Act (HTA), penalties have become significantly tougher – and the long-term consequences go far beyond a ticket. If you’re caught using a phone or otherwise distracted behind the wheel, your driver’s record, licence, and car insurance can all take a serious hit.
What Counts as Distracted Driving in Ontario?
Under the HTA, distracted driving includes holding or using a hand-held communication or entertainment device while driving. This can mean:
- Texting, calling, or scrolling on a phone
- Holding a phone at a red light or in traffic
- Using a smartwatch, tablet, or other hand-held device
- Watching videos or interacting with screens not related to driving
Hands-free use (via Bluetooth or voice commands) is allowed—but even then, police can still charge drivers if their behaviour appears unsafe.
Current Distracted Driving Penalties in Ontario
Ontario has some of the strictest distracted driving penalties in Canada, and they escalate quickly.
First Offence
- Fine: Up to $1,000
- Demerit points: 3
- Licence suspension: 3 days
Second Offence (within 5 years)
- Fine: Up to $2,000
- Demerit points: 3
- Licence suspension: 7 days
Third & Subsequent Offences
- Fine: Up to $3,000
- Demerit points: 3
- Licence suspension: 30 days
For novice drivers (G1, G2, M1, M2), the consequences are even harsher:
- Immediate licence suspension
- Possible licence cancellation
- Restarting the graduated licensing process
Important: Fines shown on the ticket are base amounts. Court fees and surcharges increase the total payable amount.
How Distracted Driving Affects Your Driver’s Record
A distracted driving conviction is not just a ticket—it becomes a permanent mark on your driver’s abstract for 3 years from the conviction date.
This means:
- Demerit points stay active
- Police and employers can see the conviction
- Future tickets are treated more harshly
- Repeat offences trigger automatic suspensions
Even if the fine feels manageable, the record impact is long-term.
The Insurance Reality: Why Distracted Driving Is So Costly
This is where many drivers are caught off guard.
Insurance companies often classify distracted driving as a major conviction, not a minor one. That distinction matters—a lot.
What insurers see:
- High-risk driving behaviour
- Increased likelihood of serious claims
- Pattern of unsafe decision-making
Possible insurance consequences:
- Immediate premium increase
- Loss of “conviction-free” discounts
- Re-rating into a higher risk category
- Non-renewal by standard insurers
- Placement with non-standard or high-risk insurers
Over three years, a distracted driving conviction can cost thousands of dollars in increased premiums—far more than the fine itself.
Why Reduced Charges Don’t Always Help
Many drivers accept early resolution deals assuming a reduced fine means reduced insurance impact. This is a common and costly mistake.
Insurance companies care about:
- Conviction type
- Risk classification
- Number of convictions
They do not care how much the fine was reduced.
If the conviction remains on your record, the insurance damage usually remains too.
Should You Fight a Distracted Driving Ticket?
In most cases – yes.
Distracted driving charges often rely on officer observation, which can be challenged. Fighting the ticket may result in:
- Withdrawal of the charge
- Dismissal due to evidence issues
- No conviction
- No insurance impact
When the alternative is years of higher premiums and possible licence suspensions, contesting the charge or seeking professional legal advice is often the smarter financial decision.
Final Takeaway: One Text Can Cost You Years
Ontario’s distracted driving laws are designed to send a clear message—and they do. But for drivers, the real penalty isn’t just the fine or suspension. It’s the lasting impact on your driving record and car insurance.
Before paying a distracted driving ticket, ask yourself: “What will this conviction cost me over the next 3 years?”
Because in Ontario, distracted driving is no longer a small mistake – it’s a major risk with major consequences.
Carlos Perdomo, Paralegal
