Cell phone use while driving poses many safety concerns for drivers and their passengers. It is estimated that people who use their phones while driving are 8 times more likely to have an accident. This significant number is even more alarming considering that 47% of Canadians admit to texting while driving.
In this article, our SAAQ lawyers tell you more about phone use while driving and how to contest a ticket if you are the victim of a distracted driving fine.
Why is using a phone while driving against the law?
Using your phone in the car is a reflex that many motorists might have. Some people even use it sometimes thinking they are following the law. The government has established a list of actions not to be taken when driving, including the use of a cell phone while driving. To be used in a car, the cell phone must be attached to a holder designed for this purpose and be relevant to the driving of the vehicle.
Here are several actions that are subject to fines if you use your phone in the car:
- Reading or writing a text message, even at a red light
- Making a call with the phone in your hands
- Browsing the Internet
- All other actions not essential to driving
What you can do with your phone while driving
Here’s a list of actions you can do with your phone while driving:
- Follow a route on a phone attached to a mount
- Find a song using voice commands
- Make a call using voice commands and if the phone is attached to a mount
- All other actions essential to driving and if the phone is attached to a mount
There is a fine line between what is prohibited and what is permitted when it comes to cell phone use while driving. To minimize the risk of a car accident, you must refrain from using your phone so as not to endanger yourself, your passengers and other road users.
Consequences of distracted driving
If you are stopped by police for distracted driving for using your cell phone, you could receive several tickets depending on the offense you received.
If this is the first time you have been stopped for cell phone use while driving in Quebec, you could be fined anywhere from $300 to $600.
For a repeat offence within a two-year period, the fine will be double the minimum fine, or a $600 ticket.
If you are caught using your phone while driving under a certain time limit, you could face an immediate driver’s license suspension:
- 1st offense: 3 days suspension
- 2nd offense: 7 days suspension
- 3rd offense: 30 day suspension
- 5 demerit points
How to contest a distracted driving fine
It is possible that as a motorist in Quebec, you may receive a ticket for cell phone use while driving by mistake. If this is the case and you wish to contest the SAAQ’s decision, then you should contact a victim compensation lawyer in Montreal.
By discussing the case with your lawyer, you will be able to determine the causes of the error and your lawyer will be able to prepare his or her defence so that you do not suffer any prejudice.
Need a personal defence attorney for distracted driving offences?
Distracted driving with a phone while driving has been a hotly debated issue for several years now. The severity of the penalties for this crime continue to rise as well. At Begin Lawyers at Law, we work hard to ensure that your case is given the time and resources it deserves.
We have extensive experience in helping and defending victims of distracted driving fines. We especially know that the burden of losing your driver’s license can be a huge inconvenience. We want to help you continue driving and working, so contact us now to discuss your case!