Driving while suspended has severe penalties that can dramatically affect you including:
Drive While Suspended | Highway Traffic Act s.53
The penalty for driving while suspended is a fine, a further six (6) month licence suspension and insurance increase.
Suspended Driving Penalty
- possible six (6) months in jail
- minimum one thousand (1000) dollar fine.
- six (6) month licence suspension for a first offence.
- minimum five thousand (5000) dollar fine for cases involving alcohol suspensions.
- dramatic increases in insurance rates.
These severe penalties are for a first offence of driving while suspended, second convictions will result in harsher penalties.
★★★★★ Excellent service, was facing a driving under suspension penalty of 6 months suspension and up to $2000. OTT represented me and I ended up leaving the court room with a $260 fine for driving without license and no licence suspension. I would definitely recommend OTT. Steven Sang Toronto ON.
Definition of Suspended Driving
Drive While Suspended – Highway Traffic Act 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,
- for a first offence, a fine of not less than $1,000 and not more than $5,000; and
- for each subsequent offence, 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.
Fighting Drive Under Suspension Charges
Driving while suspended has the essential elements that the court must address and then any defences to the charge.
The essential elements to drive suspended may include the who, what, when, and where, but also did the offence occur on a roadway and with what type of vehicle.
Defences may include:
- the driver did not know about the suspension
- the driver did everything possible to avoid the suspension
- the suspension was not valid or the notice or documentary evidence is improper
As driving while suspended charges can include jail for even first time offences, drivers are recommend to always have legal representation in court. Trials can include legal motions, cross-examination and proper analysis of any documentary evidence.
We have years of helping people with suspended licence charges. We can help you fight your drive while suspended charge and where possible assist you to get your drivers licence reinstated. Contact OTT Legal today.
Ontario Drivers can be Suspended for:
In Ontario, driving is considered a privilege not a right. The government, court and/or the Ministry of Transportation of Ontario can suspend your driver’s licence for:
- accumulating too many demerit points
- any violation of a G1 or G2 drivers licence
- failing to pay a fine
- speeding more than 50km/h
- driving while under suspension
- stunt driving
- breathalyzer reading over .50mgs
- previous conviction for drive suspended
- judge’s court order to suspend your licence
- fail to pay family support payments
- medical suspension
- civil judgement under the Motor Vehicle Accident Claims Act.
- a conviction for a criminal driving offence
Licence suspensions mean that the driver is prohibited from driving a motor vehicle on the roadway for any reason in the Province of Ontario.
What to do when Charged With Driving Suspended
If you have been charged with driving while suspended, the first thing to do is stop driving.
Although the courts and prosecution may be sympathetic to a situation where inadvertently your licence became suspended, they will not be so if you continue to drive.
Subsequent convictions for driving while suspended can involve a six (6) month jail term, do not drive until your licence has been reinstated.
If you have been charged with driving while suspended call our offices to speak with a former police officer or licensed paralegal to get immediate advice.
Our offices can represent you in traffic court to fight your ticket. Usually we can appear for you so you do not have to appear in court.
Why is Your Licence Suspended?
When charged with driving while suspended, the first we’ll want to do is find out why you have been suspended.
If your licence has been suspended for unpaid fines or default payments, usually we explain to you how to get the fine paid get your licence back as soon as possible.
If you have an unpaid fine(s) and cannot afford to pay the fine completely, many times the court will allow you to go on a drivers licence payment plan if you make a reasonable down payment. OTT Legal are experts at setting up licence reinstatement plans and we can do this for a minimal fee, usually getting your licence back in thirty (30) days or less.
For all other types of licence suspensions, give us a call for free advice about how to fix your driving licence suspension issues.