What Happens If You Get Caught Driving With A Suspended Licence in Ontario?

Driving while suspended can mean thousands in fines – and possible jail time.

What Is Driving With A Suspended Licence?

Under Section 53 of the Highway Traffic Act, drivers with a suspended licence must not drive until their licence is reinstated. Failing to comply can result in up to six months in jail and hefty fines. Police can use special cameras to identify vehicles belonging to drivers with suspended licences. If a court has already prohibited you from driving, this constitutes a separate offence of driving while disqualified, leading to even stricter penalties.

Reasons For A Licence Suspension

Licence suspensions can be administered by the Ontario Ministry of Transportation, law enforcement agencies, or as a consequence of a Criminal Code offence. Here are some common reasons a driver’s licence can be suspended in Ontario under the Highway Traffic Act:

• Conviction for a criminal driving offence, such as impaired driving or dangerous driving.
• Medical reasons, known as medical suspensions.
• For young and novice drivers, any detected blood alcohol concentration will result in an immediate licence suspension.
• Unpaid fines.
• Failure to appear for trial.
• Exceeding the limit of demerit points.
• Careless driving.
• Noncompletion of mandatory programs, such as remedial measures for impaired driving.
• Administrative Driver’s Licence Suspensions (ADLS) are immediate 90-day suspensions that can occur if a driver fails a roadside sobriety test or refuses a breathalyzer test.

Driving With A Suspended Licence Fines & Penalties 

Immediate consequences of driving with a suspended licence in Ontario include: 

Vehicle Impoundment

If you’re caught driving with a suspended licence, the police can immediately impound your vehicle. The impoundment period typically ranges from 7 to 180 days, depending on your previous offences, and you are responsible for all towing and storage costs. You cannot appeal the impoundment.

Arrest and Temporary Holding

The police may arrest you based on the circumstances, such as the reason for your licence suspension and your behaviour during the stop.

You will also face fines and potential jail time as follows: 

Fines

• First Offence: $1,000 to $5,000  
• Subsequent Offences: Starting at $2,000 up to $5,000

Jail Time 

• First Offence: Up to six months  
• Subsequent Offences: Risk of longer sentences

Additional Penalties

• Licence Suspension: An additional six months on top of any existing suspension
• Driving Record: A conviction remains on your record permanently
• Insurance Rates: Expect significant increases in premiums for three years

Insurance Risks For Driving With A Suspended Licence

Driving with a suspended licence typically voids your insurance coverage, meaning your insurer isn’t required to pay for any damages or injuries from an accident. This leaves you personally liable for property damage and medical expenses, as well as potential compensation for pain and suffering. The other party may also sue you, leading to significant financial burdens. Without insurance, you’ll have to cover all costs out of pocket, which can be financially devastating in cases of severe damage or injury.

You can also face higher insurance rates if you are caught driving with a suspended licence and experience issues getting coverage, as you will be deemed a higher-risk driver.

How Long Does A Driving While Suspended Stay On Your Record in Ontario?

If you are convicted of driving with a suspended licence, that offence will remain on your driving record permanently. This means that any future infractions will incur higher fines and stricter penalties. In Ontario, a record for driving while suspended does not expire after three years.

What To Do If You’re Caught Driving Under Suspension

Immediate Actions to Take

Stop driving immediately, as continuing to do so could exacerbate your legal situation and result in additional charges. Pull over safely and assess your surroundings before exiting the vehicle.

Document Collection

Gather all pertinent documents related to your licence suspension, including any letters from Service Ontario or the Ministry of Transportation. This may include suspension notices, traffic violation reports, and any correspondence you have received. Having this documentation organized will be essential for your legal proceedings and conversations with your lawyer.

Seek Legal Assistance

It is crucial to obtain expert legal advice as soon as possible. Find a lawyer specializing in traffic law or licence suspensions, and arrange an initial consultation. During this meeting, discuss potential defences, the implications of your charges, and the legal options available to you. Your lawyer can provide valuable insights and help you navigate the legal system effectively.

Court Preparation

Make it a priority to attend all scheduled court dates, as missing a hearing can lead to further complications. Work closely with your lawyer to prepare your case, including gathering witness statements, expert testimonies, and any evidence that supports your defence. Rehearse your statements and understand the process to reduce anxiety and ensure you are well-prepared.

Understanding the Offence

Recognize that driving while suspended is a strict liability offence, meaning that the prosecution does not need to prove intent. However, you may present an argument demonstrating a lack of knowledge regarding your suspension, such as not receiving a notification or misunderstanding the terms of your suspension. Be prepared to explain your circumstances clearly and provide any evidence that supports your claim.

Compliance

Ensure you resolve any outstanding fines or penalties associated with your licence suspension. Complete any required educational programs or community service mandated by the court or the Ministry of Transportation. Once you have fulfilled these requirements, follow the steps to reinstate your licence, including submitting any required paperwork and fees.

The Importance of Legal Representation

Understand that navigating charges of driving while suspended can be intricate and time-consuming, often involving multiple legal proceedings and deadlines. Engaging legal representation with JUSTICEJOLT early in the process can significantly influence the outcome of your case. A qualified attorney can help you understand the relevant laws, explore all potential defences, and advocate on your behalf, increasing your chances of a favourable resolution.

Driving with a suspended licence in Ontario can lead to serious penalties, including vehicle impoundment, hefty fines, possible jail time, and extended suspension of driving privileges. The financial impact, ranging from fines to increased insurance rates, can be overwhelming.

Contesting these charges to reduce the consequences is crucial. Contact JUSTICEJOLT for experienced traffic lawyers who can defend your rights and future. Speak with us today to explore how we can help.