Challenging a cell phone ticket

The use of a cell phone or other portable electronic device while driving can result in a fine of $300 to $600, an increase in the price of the licence and 4 to 5 demerit points.

The driver at fault may also face a licence suspension of 3, 7 or 30 days depending on the number of repeated infringements.

A ticket can be issued not only for a telephone conversation, but for the simple fact of having a telephone in one’s hands.

On the other hand, it is your right to use your cell phone as long as you have stopped your vehicle legally and safely. You will then no longer be considered the driver of your vehicle, even if your engine is running.

Since June 30, 2018, it is forbidden for any driver or cyclist on the road to use or look at a cell phone or other portable device.

Exceptions are provided for in the law. The following is a list of screens allowed while driving:

  • Backup camera and parking assistance system.
  • Navigation system
  • Climatic conditions, visibility and temperature.
  • Road conditions, obstacles and pavement conditions.
  • Other screens related to professional activities (taxi, Hydro-Québec, emergencies, telecom…).

    Note that it is forbidden to check e-mail or other messages while driving, even if the screen that allows it has been installed by the manufacturer of your car.

    If you have been arrested for this type of infringement by mistake, it is possible to contest your ticket.

    If you wish to contest a ticket, make sure you are accompanied by an experienced lawyer who specializes in these types of proceedings.

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