Unpaid Fines

The courts have the ability to suspend a drivers licence where a fine has gone into default.

Where a suspension has been ordered:

• the traffic court notifies the Ministry of Tranport
• the Ministry of Transport suspends drivers licence
• notification is sent to the driver via mail
  • notice is sent to the current or “last known registered address” of the driver
  • the driver is “deemed” to have received the notice of suspension after fifteen (15) days have past

The court or MTO will not reinstate the licence unless the fine has been paid in full or the driver has entered into a payment plan with the court.

Where a licence has been suspended and the driver argues that they were unaware of the suspension, the obligation is placed upon the defendant to prove that:

• they were honestly unaware of the suspension
• that they did not know or should not have known
• their address was up to date with the Ministry of Transport
• that they acted reasonably in collecting their mail at reasonable times
• that upon receiving the original fine, that they acted as a prudent person would reasonably do

Should the case go to trial the defendant/driver will be required to testify and explain to the judge that they acted reasonably given the situation.

In a trial the police officer will be represented by a prosecutor or lawyer working for the city. Drivers likewise will need legal assistance with these serious charges.

If you are caught driving under suspension as a result of an unpaid fine, the police can charge you even if you did not receive notice.

The penalty for driving under suspension is:

• possible vehicle seizure for seven days
• minimum one thousand (1000) dollar fine
• mandatory additional six (6) months suspension
• possible Six (6) months in jail, if fine is not paid prior to court.
• Dramatic increases in your insurance rates

Suspended driving is a serious charge where you could lose your licence or be sent to jail.  Where you have been charged with this offence you need to speak with a legal representative and be properly represented in court.

Where there is a large outstanding fine, you may enter into an agreement to make monthly payments to the court. Where a payment plan has been set up and approved, the suspension will be canceled and the licence reinstated.

Where you need a payment plan, OTT can arrange this for you and have your licence back, usually within thirty (30) days or less.

At OTT Legal we fight drive under suspension charges to ensure you do not receive the mandatory six month licence suspension and have your charge(s) dropped.

When you call OTT Legal, you will speak to former police officers from the Toronto Police Service, Ontario Provincial Police, and paralegals, all licensed by the Law Society of Upper Canada.  People with years of experience helping drivers with licence issues.

In defending you we will:

• appear at all court hearings on your behalf
• attend all meetings and discussions with the prosecutor
• prepare the case for trial and order the police report and disclosure
• represent you at trial

With charges of driving while suspended for unpaid fines, the first question the court and prosecution will have is “has the fine been paid and the licence reinstated”.

It is important that drivers pay the fine and reinstate the licence as soon as possible after being charged by the police.

The prosecution office will look at:

• what actions did the defendant take to ensure that the licence didn’t go under suspension, and
• once learning of the suspension, what did the defendant do about it.

Usually the court understands that momentary lapses can happen.  What they want to see is that once the driver became aware of the suspension, what did they do to correct the situation.

Contact the office in your area >

Would you like to talk to someone about your driving while under suspension charge?  Send us an email.

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