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Thursday, January 24, 2019

How to fight a ticket for cell phone

Cell Phone while driving

(Article 439.1 in Highway Safety Code)

What is the law for using mobile phone while driving?

According to Highway Safety Code, it is prohibited to use a hand-held device with a telephone function, otherwise called a phone, while driving. It is important to note that this is not only the fact of talking on the phone which is prohibited by law, but also having the phone in your hand. Thus, the simple act of moving the phone may result in a contravention.

However, a person who stops his vehicle legally and safely on the side of the road to use his cell phone, even if the vehicle engine is still running, should not receive a ticket.

Number of demerit points raised from 3 to 4 for cell phone while driving on April 23rd, 2015

BLEU The Government of Quebec have raised the amount of demerit points from 3 to 4 for the usage of a cell phone while driving, on April 23rd, 2015.  Doing so, drivers with an apprentice or temporary drivers licence will lose their licence upon a first offence related to cell phone usage while driving. This loss will raise the cost on the renewal of their licence and on their insurance premium.

Remember that only holding a cell phone in your hand while driving is a valid cause for the emission of a ticket. Only tickets emitted after the new rule is active will give four demerit points.

What about texting and emails?

The same rule applies to sending message texts and emails: it is prohibited to hold a device with email and message text functions. This could include laptops, notebooks and tablets such as iPads™

Penalties for using a cell phone while driving.

If you are found guilty of such an offence, you could face:

    • a fine between 80$ to 100$
    • and 4 demerit points will be added to your driving record. (3 points before April 23rd, 2015)

    However note that, for truckers, it is always possible to have a 2-way communication device such as a CB that don't also have a telephone function and to use it while driving.

    What to do when receiving a cell phone ticket?

    However, depending on the circumstances and well represented, the fine and demerit points may decrease. Let Solution Ticket verify if the alledged infraction as valid or invalid ground.
    Act promptly to fight your mobile phone infraction with Solution ticket!!

    Fight your mobile phone ticket right now !

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