Cellphone while driving

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*Applicable only for offenses related to the Highway Safety Code
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3-5 points

A man holding his cell phone while driving.

Distracted driving, particularly related to cell phone use, has been a prominent issue in recent years. But how does this offence work in practice? Section 443.1 of the Highway Safety Code makes it clear that using a cell phone or a display screen while driving is prohibited for all drivers of road vehicles and cyclists. It’s essential to note that merely holding your device in your hands is considered as using it. Activities like checking the time, unlocking your phone, or plugging it in for charging all fall under this prohibition and risk penalization.

Penalties for using a cell phone while driving

If a driver of a road vehicle uses a device in a prohibited manner, they could face a fine ranging from $300 to $600 and accumulate five demerit points for a first offence. However, the consequences become more severe in the case of a repeat offence within two years of the initial violation. In such instances, a guilty verdict for one offence under Article 443.1 results in a three-day license suspension. For two offences, the suspension extends to seven days, and for more than two offences, the suspension period reaches 30 days. Additionally, in the case of a repeat offence, the minimum fine is doubled.

A man wearing headphones while driving.

What about cell phone accessories?

While cell phones are the primary distraction during driving, we must also consider the regulations regarding headphones and other cellular accessories, as outlined in Article 443.2 of the Highway Safety Code. According to this section, cyclists are prohibited from wearing earphones, and drivers of road vehicles are allowed to wear only one earphone.

What can MTL Ticket do for you?

If you have received a ticket for using a handheld device while driving, we can help! Our team of traffic ticket lawyers is well-versed in the Highway Safety Code and can help you fight your case. Upon receiving a ticket, you only have 30 days to fight your ticket, so please reach out to us immediately. 

Upon reviewing the evidence against you, if there’s a viable defence, we’ll assist you in contesting the ticket to save you from fines and demerit points. Even when no defence is available, we can negotiate on your behalf to secure the best possible resolution given the circumstances. We’re here to support you.

Highway Safety Code, art. 443.1, 443.2, 443.3, 529.2.2, Poulin c. City of Rosemere 2020 QCCS 2010
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Portrait professionnel de la stagiaire Mélanie Gosselin.

Mélanie Gosselin


Melanie joined the Riendeau Avocats team in 2023 and is currently doing her Bar internship with the firm. She obtained her law degree from the University of Sherbrooke in 2021. Melanie was excited to join Riendeau Avocats in order to combine her passion for criminal and penal law with that of helping people in difficulty.

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Carolia Ranivoharindrano

Accounting Manager
After earning her bachelor’s degree in Political Science at Concordia University, Carolia decided to continue her studies in Paralegal Technology at CDI College. Passionate about criminal law, she decided to join the Riendeau Avocats team to complete her internship. She loves learning more about the field of criminal and penal law from lawyers. In addition, with her many years of experience in customer service, she knows how to help clients with professionalism and rigor, in order to give the best satisfaction to the firm’s clients.
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Pascal Gilbert

Penal and Criminal Lawyer
Me Pascal Gilbert is passionate about law. Holder of a bachelor’s degree in law from the University of Montreal, in addition to a bachelor’s degree in history, Me Gilbert joined the Riendeau Avocats team as a criminal and penal lawyer. Listening to the needs of his clients, he will be able to be creative in order to explore all possible avenues throughout your legal process. Mr. Gilbert has excellent research and writing skills and is a keen learner. He wants to advance the law in the best possible direction.
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Gabrielle Lauzon

Criminal and Penal Lawyer
Bachelor of Laws under the COOP regime of the University of Sherbrooke, Me Gabrielle Lauzon joined the Riendeau Avocats team as a criminal lawyer after completed his internship. Me Lauzon shows great compassion towards everyone of its customers and always remains available to help others. Driven by her thirst for knowledge and her dynamism, she devotes herself enormously to each of her causes. to the Safety Code road.
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Me Anthoni Daoust

Penal and Criminal Lawyer
Holder of a minor in criminology from the UdM and a law degree from the UdS, Mr. Daoust is a criminal and penal lawyer, who is deeply interested in the recognition and respect of everyone’s rights. A progressive prosecutor, he engages in a practice aimed at democratizing access to justice. His analytical and negotiation skills allow him to obtain the best possible settlement in order to ensure his clients a full and complete defense.
Portrait professionnel de l'avocat Anthoni Daoust.

Me Chanèle Lecompte

Criminal and Penal Lawyer
A lawyer practicing mainly criminal and penal law, Me Chanèle Lecompte holds a Bachelor of Laws from the University of Sherbrooke. During her university career, she had the chance to do an internship with the judiciary, which allowed her to acquire the many assets that she puts forward during her representations before the courts. Passionate about criminal law, Me Lecompte will accompany you and defend you during the different stages of your case, and will listen to you.