Previous Convictions

If the driver has been previously convicted of driving while suspended and is facing a second or additional conviction, the court WILL consider a jail term for up to six (6) months.

The court justifies the jail term by reasoning that:

• issuing a fine did not stop the driving
• a police officer told them not to drive
• a Justice of the Peace for the first conviction told them not to drive.
• the driver appears to have no respect for the law.

The court therefore may feel that all reasonable efforts have been made by the government to stop the driver driving, and the only alternative is to send the driver to jail.

Where a person who has previously been convicted of an offence under subsection (1) and is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence.

Every person who drives a motor vehicle or street car on a roadway while his or her driver’s licence is suspended even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,

• for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
• for each subsequent offence, 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.

Where the original suspensions is the result of a criminal charge the penalty is:

• for a first offence, to a fine of not less than $5,000 and not more than $25,000; and
• 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.

If you have been charged with driving while suspension and have a previous conviction, then you need to call OTT Legal and get legal advice.

The court is going to consider sending the driver to jail and you need to be professionally represented.

Facing a second conviction for drive suspended you need someone to ensure the prosecutor can prove the charge.

Where they are able to prove the charge you need to do have someone who has experience knowing what to say to the justice to avoid being sent to jail.

At traffic court we know:

• technicalities that win driving while under suspension charges.
• how to speak to the prosecutors and Justice of the Peace.
• how to explain your situation to the court.
• how to get your drivers licence reinstated.
• how to keep you out of jail.

Many courts are not punitive in nature, and do not want to send you to jail.  The courts and prosecution are looking to see that you have corrected the situation that lead to your suspension.

Where your drivers licence has been suspended for unpaid fines, Motor Vehicle Claims Act, or any of the other types of suspensions, OTT Legal has the experience to not only defend you in court, but to get your drivers licence reinstated through payment plans.

We can help you fix your drivers licence problems.