Changing the music, checking the time, reading or writing a text message, looking at a post on social media, browsing on YouTube, Instagram, Facebook, or simply scrolling through emails on your phone while driving are common actions on our roads, although they are not allowed.
What are the consequences of using your cell phone while driving?
A driver of a road vehicle who uses their cell phone while driving faces a rather hefty fine if they are stopped. Indeed, the driver can receive a fine that will be at least $300 and can go up to $600, in addition to having 5 demerit points removed from their driving license.
Such consequences can hurt... JuriGo therefore explains how to get out of this, as well as referring you to a lawyer in just a few clicks!
Cell phone while driving: what are the consequences of recidivism?
If it's not the first time a driver has been caught using his cell phone while driving, the consequences are more severe. Indeed, the police officer who notices that it's the 2nd time within a period of two years that the driver has been caught for this offense,he can suspend his license on the spot.
The driver's license will be suspended 3 days in the case of a first recurrence,7 days in the case of a second recurrence and30 days in the case of a third recurrence and the minimum fine will be doubled.
Here is a summary of the penalties for a "Cell phone while driving" offense in Quebec in 2023!
| Cellphone while driving | 5 penalty points + Fine of $300 to $600 |
|---|---|
| 1st offense | License suspension 3 days |
| 2nd offense | License suspension 7 days |
| 3rd offense | 30 days + minimum fine doubled. |
| More than one offense in 2 years | Possible immediate license suspension |
According to the law, what is considered use of a cell phone while driving?
The Highway Safety Code stipulates in article 443.1, that it is prohibited for any driver of a road vehicle to use a cell phone or any other portable device designed to transmit or receive information or to be used for entertainment purposes, or to use a display screen.
BEWARE, this article also mentions that a driver of a road vehicle who holds in hand, or in any other way, a portable device is PRESUMED to be using it. Moreover, it is not necessary for the vehicle to be in motion to be in violation.
Here is a table illustrating several examples taken from the law or judgments of what constitutes or does not constitute a permitted use of a cell phone while driving:
It should be noted that these examples also apply to alldigital tablets and laptops.
PROHIBITED USE
- Making a call with the phone in your hands
- Looking at any of its functions:
- the time
- an incoming call
- a text message
- a notification
- Write a message, even if the screen is fixed to a stationary support
- Use the cell phone for entertainment purposes (Netflix, YouTube, Twitter, Facebook, Instagram, etc.)
- Check your cell phone at a red light, at a stop or even in traffic
- Change or select a playlist through a mobile app (Spotify, Apple Music, YouTube, etc.)
- Use a smart watch
- Look at the GPS on a cell phone, without a stationary support
- Hold your cell phone in your hands
- Take photos
PERMITTED USE
- Call 9-1-1
- Conduct a search using voice commands (the driver should not have the cellphone in their hands)
- Have a conversation in speakerphone mode (the driver should not have the cellphone in their hands)
- Connect or disconnect a cellphone (without looking at the screen)
- Consult the information displayed on your cellphone IF it meets the following four conditions:
- The cellphone only displays information relevant to driving
- (for example: GPS, tire pressure, fuel consumption, road or weather conditions, traction system, a rearview camera screen)
- The cell phone placed so as not to obstruct the driver's view and in a way that does not pose a risk of injury in case of accident
- The cell phone is positioned so that the driver can operate and consult it easily. :
- Zoom in on the GPS application if the phone is on a fixed support
Is it legal to use your cell phone in a parking lot?
Technically, article 443.1 of the Highway Safety Code states that it is prohibited to use a cell phone in a parking lot. However, the courts have looked into the question and it has emerged that everything is a question of circumstances, namely whether the vehicle was parked or not.
When a vehicle is immobilized, it is not legal to use one's cell phone. However, it is legal to use a cell phone if the vehicle is parked. Immobilizing and parking a vehicle are two distinct maneuvers. The courts have distinguished between immobilizing and parking a vehicle.
It turns out that immobilizing is a temporary action, for example a driver immobilizes his vehicle because of a traffic jam, a red light or a compulsory stop and will set it back in motion shortly. This is not the case for parking, a driver who parks on the side of the road or in a parking area, has no intention of driving and can legally exit the vehicle at any time.
Can a driver use his cell phone in a car wash?
Courts are of the opinion that the prohibition of using a cell phone while driving may apply to the car wash. Everything is a question of whether the vehicle is immobilized or parked in the car wash.
In some car washes, drivers have to move around inside. So, if a driver uses his cell phone while moving, he is guilty of the offense. However, the driver will not be guilty, if the vehicle does not have to move, if the vehicle remains parked during the wash.
How to contest a ticket for using his phone while driving?
Yes! It is possible to contest this ticket. Using a cell phone while driving is a high fine and the points removed can make you lose your driving license.
The offense of using a cell phone while driving is a complex offense with several exceptions. So, if you believe you are not guilty of having used your cell phone while driving, because for example you simply picked up your phone that had fallen to the ground at a red light contact a lawyer!
Cell phone while driving - Find a lawyer to defend you!
Whether you want to contest your ticket or simply ask questions about the Highway Safety Code, it is recommended to consult a lawyer. He will answer all your questions, assist you in your steps and defend you if necessary.
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