Driving While Suspended
Suspended Driving
Highway Traffic Act section 53,1
Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,
(a) for a first offence for driving while suspended, a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence for driving while suspended, to a fine of not less than $2,000 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both.
Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under section 41 or 42, (Where the drivers licence was suspended due to a criminal offence e.g impaired driving) even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; and
(b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000, or to imprisonment for a term of not more than six months, or to both.
Driving While Suspended - Synopsis
As driving a motor vehicle in Ontario is considered a privilege the Courts or the Ministry of Transportation of Ontario may suspend a driver’s licence for violations of the statues of Ontario.
The penalty for driving while suspended is a one thousand (1000) dollar fine, an additional six (6) month licence suspension for a first offence. For any conviction for driving while suspended the prosecutor may ask for up to six months in jail.
Types of Licence Suspensions
Unpaid fines – Licence Suspension
As a result of an unpaid fine the courts will notify the Ministry of Transportation of a fine that has gone unpaid and is in default. The Ministry of Transportation will suspend the drivers licence indefinitely until the fine has been paid.
Driver's Licence Reinstatements
If the drivers licence has been suspended due to the non payment of fines, and the driver is unable to pay the total cost of the fines the driver may enter into a "payment plan" to have the suspended licence reinstated.
An application must be made to the specific court that holds the unpaid fine asking for a "motion to extend the time in which to pay a fine". The court will consider any application allowing the extension of time to pay on the merits of the applicant.
The court in considering the application will review the following;
1. The length of time the fine has been unpaid.
2. What efforts the applicant has made to pay the fine.
3. What amount the applicant has paid towards the fine.
4. The financial means of the applicant to pay the outstanding fine to the court.
5. Any other issues that the Justice of the Peace may consider relevant.
In applying for a licence reinstatement by way of a "motion to extend the time to pay a fine" drivers are best to contact Ontario Traffic Tickets at 1-888-668-8946 to be properly represented at court. The application must be heard before a Justice of the Peace. The Justice will review the application presented by Ontario Traffic Tickets thereby giving the the best opportunity to have the driving suspension lifted from their licence.
The courts expect for a licence reinstatement or payment plan the driver to pay a minimum of 10% towards the fine before a licence suspension would be granted.
The agents of Ontario Traffic Tickets offer free consultation on any licence suspension issue and can be contacted at 1-888-668-8946 to discuss a drivers licence issue in detail.
Demerit Points – Licence Suspension
Depending upon the class of drivers licence the Ministry of Transportation of Ontario will suspend a driver’s licence for the accumulation of demerit points. G1 and G2 Licence holders are subject to a review and possible suspension at six demerit points. There will be a mandatory thirty day licence suspension for a G1 or G2 licence holder upon the accumulation of nine demerit points.
If the licence holder accumulates six demerit points a second time the suspension will be for six months.
Class G licence holders may accumulate nine demerit points whereupon drivers will receive a notice from the Ministry of Transport requiring them to attend at the ministry offices to explain why they have received the demerit points and why the driver should not have their drivers licence suspended.
Upon accumulating fifteen demerit points drivers will receive an automatic thirty day driver’s licence suspension. Upon completion of the thirty day suspension the drivers demerit point accumulation will be reduced. Subsequent accumulations of fifteen demerit points will result in a drivers licence suspension of six months.
Driving While under Suspension
Should a driver be caught driving by the police while their licence is under suspension, for the offence of Driving while Suspended the driver may be immediately arrested and detained by the police.
The officer may seize the motor vehicle pending the outcome of the trial. At trial the Justice of the peace and prosecution will be considering a period of custody.
Driving While Disqualified
Driving while Disqualified is the criminal offence of driving while suspended against the Criminal Code of Canada. A driver will be disqualified from driving as a result of a criminal driving offence e.g. impaired driving.
The accused is under a court ordered suspension or prohibition not to drive a motor vehicle anywhere in Canada. The prohibition includes any motor vehicle powered by any type of engine, including electrical. This licence suspension includes tractors, heavy equipment or machinery operated anywhere in Canada including on private property.
The accused will be arresting and be required to appear in court before a Provincial Court Judge.
The penalty for this offence is a period of custody as the court will view the offence as one where the accused disobeyed a judge’s order.
Ontario Traffic Tickets has qualified criminal court agents and criminal lawyers who specialise in these types of charges available for free consultations.
Speeding more than 50km/h / Racing / Stunt Driving
On the 1st of October 2007 the Ontario Government enacted tough new speeding laws for speeding more than 50km/h. This law under Bill 203, the Safer Roads for a Safer Ontario Act has the following penalties;
- Immediate seven (7) day driver's licence suspension
- Immediate seven (7) day vehicle impoundment
- Minimum fine fine of two thousand ($2000.00) dollars
- Drivers licence suspension of up to one year
- Second conviction drivers licence suspension of up to ten (10) years
- Imprisonment for a term of not more that six (6) months
Bill 203 falls under section 172 of the Ontario Highway Traffic Act;
172. (1) Racing, stunts, etc., prohibited No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt on on a bet or wager.
(2) Offence - Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less that $2,000 and not more that $10,000 or to imprisonment for a term of not more that six months, or to both, and in addition his or her driver's licence may be suspended,
(a) on a first conviction under this section, for not more that two years; or
(b) on a subsequent conviction under this section, for not more than 10 years.
(5) Police to require surrender of driver's licence, detention of motor vehicle - Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1) the officer shall,
(a) request that the person surrender his or her driver's licence; and
(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7)(b).
(6) Administrative seven-day licence suspension - Upon a request being made under clause (5)(a), the person to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and,whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended for a period of seven days from the time the request is made.
For more information or for help with any drive under suspension or licence reinstatement please call Ontario Traffic Tickets at 1-888-668-8946.
