PAY ACCORDING TO THE RESULT!
100$ PER DEMERIT POINTS RECOVERED
- First meeting with one of our lawyers..
- Opening of your file and follow ups throughout the legal process
- Assigning a lawyer to your file.
- Sends a plea of not guilty (contesting the ticket)
- Request the disclosure of evidence to the prosecutor.
- Legal analysis of the file.
- Search for information on your driving record with the SAAQ.
- Customized legal opinion given by your lawyer
- Negotiation and correspondence with the court and the attorney on file to obtain the best possible settlement.
The distractions while driving
The cellphone use during driving has been a topical subject for some years. What is that infraction really about? Section 443.1 of the Highway Safety Code, forbid any road vehicle’s driver or cyclists to use a cellphone or any type of screen. Note that holding the device in your hand will be considered like it was being used. In fact, checking time, unlocking or even charging your phone is considered like using the device. However, some exceptions exist in that restriction.
The first exception is the use of the call function of the device. This is only authorized if the driver is using a hands-free device. The Higher Court, recently established the hands-free option can be internal or external from the device. Concretely, this means that you can use your device if you activate the hands-free option from your phone or from your car, without manipulating your phone.
The second exception concerns the use or the consultation of a screen. This will be authorized when the following conditions are in place:
1)The screen displays information about the driving itself or its functioning,
2) The device is integrated to the vehicle or installed on a support, like the ones installed on the ventilation outlet or on the windshield,
3) Doesn’t block the driver’ sight
4) It’s easy to use and consult .
Those conditions are also applied if you were to manipulate your device’ screen to activate your hands-free option. They are applied as well if you are using a GPS directly on your phone while driving. It’s important to remember that whatever the device, it’s strictly forbidden to browse the web while driving a car.
What about the device’s accessories ?
Although the cellphone is the principal distraction while driving , we should also mention the regulation of sec.443.2 of the Highway Safety Code concerning the wear of handphones. This section is forbidding cyclists to wear headphones and provides that a car driver should wear one headphone to just one ear.
The car driver using a device in a forbidden way is liable to a fine from 300$ to 600$, as well as an accumulation of 5 demerit points in case of a first offence. Indeed, if the driver was already guilty of an offense from sec.443.1 within this period, he will have his license suspended for 3 days, if he was guilty from two offenses the suspension will be for 7 days, and if he committed more than 2 offenses his license will be suspended for 30 days. In the event of repeat offense, the minimal ticket for this type of infraction will be doubled.
How we will help you.
If you have received a ticket for using a device while driving, contact our team of experts in criminal law. We will defend your interests and negotiate for you. We will try to reduce your fine and the number of demerit points accumulated.
Highway Safety Code , art. 443.1, 443.2, 443.3, 529.2.2,
Poulin c. Ville de Rosemère 2020 QCCS 2010