Penalties for Driving Under Suspension in Ontario
Driving with a suspended license in Ontario is a serious offense that cannot be resolved simply by paying a fine. Unlike regular tickets, this offense is pursued through a summons, reflecting the severity of the potential penalties, including jail time. There is no set fine for this offense; instead, the penalties are determined by the court.
The penalties for driving under suspension in Ontario include:
- A fine ranging from $1,000 to $5,000
- An additional six months license suspension
- Possible jail time of up to six months
These penalties apply to a first offense, but subsequent convictions can lead to even harsher consequences. If you are facing charges for driving under suspension, it is crucial to seek legal advice to navigate the serious implications of this offense.
Many of our clients rely on their licence to earn a living. If convicted for this offence your employment may be at risk. Driving licence may be suspended for many reasons and the driver should be aware of his/her licence status. In some cases it may not be very simple. Diligence is of utmost importance not to have a suspended license.
Causes of License Suspension
- Unpaid Fines
- Demerit Points Accumulation
- Escalating Sanctions for Novice Drivers
- Criminal Conviction
- Medical Suspension
Drivers caught for driving with a suspended license - including default of family support, but not including suspensions for defaulted fines or medical conditions are subject to vehicle impoundment for seven days. If the driver was suspended and vehicle was impounded it is the responsibility of the owner to pay towing and impoundment fees. When period of a license suspension comes to an end, MTO will charge a reinstatement fee to reinstate driver's privileges. It is worth to note that if your drivers license has been suspended for an extended period of time, MTO may cancel it and require a completion of examination.
Is Driving Under Suspension a Criminal Offense?
Driving under suspension is not classified as a criminal offense but rather as a strict liability offense under the Highway Traffic Act of Ontario. This means that, while the prosecution does not need to prove intent, you can still defend yourself by demonstrating due diligence.
Even if the prosecution successfully proves all elements of the offense, you may still be able to challenge the charge if specific legal arguments apply to your case. Defending against a driving under suspension ticket is important, as prosecutors may seek jail time, especially if you have prior convictions for the same offense. It's crucial to address this charge effectively to avoid severe penalties.
Traffic Law Paralegal Services has been defending motorists in Ontario for many years and confident that we can help you solve your case.
If you were charged with driving under suspension in Mississauga, Toronto or other municipality in Ontario, Traffic Law Paralegal Services is dedicated to fight for you. Call to fight your case today (905)206-9080
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Frequent Questions - Driving Under Suspension
What are the penalties for a first conviction of Driving Under Suspension in Ontario?
A first conviction for Driving Under Suspension under the Ontario Highway Traffic Act (HTA) carries severe consequences, which are determined by the court (not a set fine):
- Fine: A fine of not less than $1,000 and not more than $5,000.
- Additional Licence Suspension: A mandatory six-month extension added to your existing suspension.
- Imprisonment: Possible jail time of up to six months.
- Vehicle Impoundment: The vehicle driven will be impounded for seven days.
Note: If the original suspension was for a Criminal Code offense (like impaired driving), the penalties and fines are significantly higher.
How does a second or subsequent conviction for Driving Under Suspension affect me?
Penalties for a second or subsequent conviction within five years are significantly escalated, as the courts consider repeat offenses a serious disregard for the law:
- Fine: The fine increases to not less than $2,000 and not more than $5,000.
- Jail Time: The court is more likely to consider imposing a jail term of up to six months.
- Additional Suspension: You will receive a further mandatory six-month suspension.
If the original suspension was related to a Criminal Code conviction, the fines for a subsequent offense can range from $10,000 to $50,000.
Is Driving Under Suspension considered a criminal offense in Ontario?
The charge of Driving Under Suspension is primarily a strict liability offense under the Ontario Highway Traffic Act (HTA), not a criminal offense. This means the prosecution does not need to prove intent for a conviction.
- Criminal Charge (Driving While Disqualified): You may be charged with a criminal offense if your license was suspended as a result of a Criminal Code conviction (such as impaired driving). This charge, "Driving While Disqualified," results in a criminal record, higher fines (up to $50,000), and a maximum jail term of up to five years.
For what reasons can my driver's license be suspended in Ontario?
A driver's license can be suspended for many reasons, including both minor and serious violations. Common causes of license suspension include:
- Unpaid Fines and fees (the most common cause).
- Accumulation of Demerit Points (e.g., reaching 15 points).
- Escalating Sanctions for Novice Drivers (G1, G2).
- Medical Suspensions (due to a failure to meet medical standards).
- Criminal Convictions related to driving (e.g., Impaired Driving).
- Failure to pay family support.
How will a conviction for Driving Under Suspension affect my auto insurance rates?
A conviction for driving under suspension is classified as one of the most serious provincial offenses. It will have a devastating and long-lasting impact on your auto insurance rates.
- High-Risk Classification: Insurers will classify you as a high-risk driver, leading to massive premium increases, often thousands of dollars more per year.
- Policy Cancellation: Your current insurer may cancel or refuse to renew your policy, forcing you to seek insurance from a high-risk provider.
- Duration: The conviction remains on your driving record, affecting your insurance eligibility and premiums for at least three to five years.
What we do
Traffic Law Paralegal Services is based in Mississauga and has been defending traffic violations and summary criminal offences in Ontario for over two decades. We fight traffic tickets in Mississauga, Toronto and other municipalities in Ontario.
At Traffic Law you will receive experienced and competent defense services fighting traffic and criminal charges (summary offences). Most common allegations include careless driving tickets, stunt driving, no insurance and more.
About Traffic Law Paralegal Services
Serhiy Senatorov is an owner of Traffic Law Paralegal Services and is a former vice-president of the Licensed Paralegals Association (Ontario), former vice-president and founding board member of the Ontario Paralegals Association, and a regular speaker on continuing professional development for paralegals, lawyers, and Justices. Serhiy Senatorov has been providing reliable defense for over 20 years and is confident to help you.