I was trying to set up my hands free while stopped at a light … not texting, not talking but officer noted the phone in my hand and charged me with the full fine… do you recommend I do the early resolution or trial option… this seems so extreme .. I have a clean driving record ..

I can explain how the law and the process work, but I can’t tell you which option you should choose. One important point is that the distracted driving law isn’t limited to texting or talking on the phone. Ontario’s Highway Traffic Act actually prohibits a driver from "holding or using" a hand-held wireless communication device while driving. So if you were holding the phone and setting up the hands-free function while stopped at a red light, that would still fall within what the legislation prohibits. Being stopped at a traffic light doesn’t change that. As for early resolution versus trial, early resolution gives you an opportunity to speak with a prosecutor and see whether they are prepared to offer a resolution. If you don’t like what is being offered, generally the matter can continue toward trial rather than you being required to accept the offer. The bigger question I would be thinking about is, if you proceed to trial, what is the defence you intend to present? Based solely on what you’ve told me here, you’ve acknowledged that you had the phone in your hand and were using it to set up the hands-free function. That is something you need to consider when deciding how you want to proceed. There may also be another opportunity to discuss resolution with the prosecutor before trial, although there is no guarantee that any later offer will be the same, better or worse. Ultimately, whether to accept an offer or proceed to trial has to be your decision. Before making that decision, I would strongly suggest requesting disclosure. That allows you to review the officer’s notes and any other relevant evidence, which could include video if it exists, so you actually understand the case the prosecution intends to present against you. Ontario specifically identifies disclosure as part of preparing for a Provincial Offences matter. I also have a link at www.TrafficCop.ca to the Ontario Court of Justice Guide for Defendants in Provincial Offences Cases. It walks through the court process and is a very useful resource if you’re trying to understand what happens next. A clean driving record is certainly something you can mention when speaking with the prosecutor, but it doesn’t change whether the conduct itself falls within the offence.