Here are 5-things you need to know when you drive with a suspended license in Ontario.
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1/ You’re breaking the law
Generally, the law states that you need to be appropriately licensed when driving a vehicle.
The reason why we have laws about being properly licensed is about public safety.
- A car weighs 4,000 pounds. It’s like a weapon on wheels that can cause property damage, hurt or even kill people.
- To protect the public from these “weapons on wheels,” laws were created to ensure that people are properly licensed.
- Advances in technology make it easier for the Police to find people driving with a suspended license. And there are severe penalties if you’re convicted of driving with a suspended license.
2/ If charged by the Police, the wording of the charge matters a lot- There is a significant difference between a charge on a driving suspension vs a driving prohibition vs a driving disqualification.
- The wording – suspension, prohibition and disqualification – may be similar, but they are not. They are very different with different impacts.
- Generally, the word “suspension” is applicable in the context of provincial law. So in Ontario, one of the laws that matter is the Highway Traffic Act.
- The words “prohibition” or “disqualification” is the language that is used under the Criminal Code of Canada.
- So, charges using the words “prohibition” or “disqualification” we’re dealing with a criminal charge.
- Charges that use the word “suspension” are not criminal charges but a serious traffic offences.
3/ Important to know why you’re suspended so you can fix it- When charged with Driving While Under Suspension under the Highway Traffic Act, it’s important to find out why your license is suspended so you can fix the problem
- Generally, your license can be suspended for 5 reasons.
1 – Unpaid fines
- The most common reason for the suspension is unpaid fines.
- For example, you didn’t pay a traffic ticket within a certain period; the laws allow the province to suspend your license until you pay the ticket in full.
2 – Suspension by a Court
- You’ve been found guilty of a charge in the past, and the penalty allows the Judge to impose a driving license suspension.
3 – Suspension by the MTO (the Ministry of Transportation of Ontario)
- The most common suspension by the MTO are points escalation
- For example, if you’re a G2 driver and get a 4-point ticket, you get an automatic 30-day suspension
- Or, if you are convicted of Driving While Under Suspension, MTO will give you a mandatory 6-month driving suspension<
4 – Suspension by the MTO, without guilt
- There are a few cases where the MTO will suspend your license even if you have not been convicted of any charge
- For example, if you’re charged with Stunt Driving under the Highway Traffic Act, you will get an immediate 7-day suspension even though you have not been found guilty of the Stunt Driving charge
5 – Not meeting a requirement in the Highway Traffic Act
- For example, suppose you have a medical condition that impacts your ability to drive. In that case, your Doctor is legally required to contact the MTO about your medical condition, and your driver’s license will be suspended.
- Or, in the context of a family law matter, if you don’t make spousal payments, the Family Law Responsibility Office can contact the MTO, who will then suspend your license.
4/ It’s easy to convict you- If you’re charged with Driving While Under Suspension, you will go through a court process to determine whether you are guilty or not guilty
- The ways the laws are written, the lawmakers decided to make it easy to convict you on this Driving While Under Suspension charge.
- Generally, the province only needs to prove:
- (i) that your license was suspended when the Police charged you; and
- (ii) that notice of your suspension was generated, the court does not need to prove that you received the notice
5/ The penalties are severe- If you’re convicted of Driving While Under Suspension, the penalties you face are serve
- Mandatory 6-month driving suspension. This suspension is written in the law. It’s not optional.
- Fines – Start at $1,000 and go to a maximum of $5,000
- Probation – Up to 2 years
- Jail – Up to 6 months
- When charged with Driving While Under Suspension under the Highway Traffic Act, it’s important to find out why your license is suspended so you can fix the problem
- Generally, your license can be suspended for 5 reasons.
1 – Unpaid fines
- The most common reason for the suspension is unpaid fines.
- For example, you didn’t pay a traffic ticket within a certain period; the laws allow the province to suspend your license until you pay the ticket in full.
2 – Suspension by a Court
- You’ve been found guilty of a charge in the past, and the penalty allows the Judge to impose a driving license suspension.
3 – Suspension by the MTO (the Ministry of Transportation of Ontario)
- The most common suspension by the MTO are points escalation
- For example, if you’re a G2 driver and get a 4-point ticket, you get an automatic 30-day suspension
- Or, if you are convicted of Driving While Under Suspension, MTO will give you a mandatory 6-month driving suspension<
4 – Suspension by the MTO, without guilt
- There are a few cases where the MTO will suspend your license even if you have not been convicted of any charge
- For example, if you’re charged with Stunt Driving under the Highway Traffic Act, you will get an immediate 7-day suspension even though you have not been found guilty of the Stunt Driving charge
5 – Not meeting a requirement in the Highway Traffic Act
- For example, suppose you have a medical condition that impacts your ability to drive. In that case, your Doctor is legally required to contact the MTO about your medical condition, and your driver’s license will be suspended.
- Or, in the context of a family law matter, if you don’t make spousal payments, the Family Law Responsibility Office can contact the MTO, who will then suspend your license.
4/ It’s easy to convict you- If you’re charged with Driving While Under Suspension, you will go through a court process to determine whether you are guilty or not guilty
- The ways the laws are written, the lawmakers decided to make it easy to convict you on this Driving While Under Suspension charge.
- Generally, the province only needs to prove:
- (i) that your license was suspended when the Police charged you; and
- (ii) that notice of your suspension was generated, the court does not need to prove that you received the notice
5/ The penalties are severe- If you’re convicted of Driving While Under Suspension, the penalties you face are serve
- Mandatory 6-month driving suspension. This suspension is written in the law. It’s not optional.
- Fines – Start at $1,000 and go to a maximum of $5,000
- Probation – Up to 2 years
- Jail – Up to 6 months
- (i) that your license was suspended when the Police charged you; and
- (ii) that notice of your suspension was generated, the court does not need to prove that you received the notice
- If you’re convicted of Driving While Under Suspension, the penalties you face are serve
- Mandatory 6-month driving suspension. This suspension is written in the law. It’s not optional.
- Fines – Start at $1,000 and go to a maximum of $5,000
- Probation – Up to 2 years
- Jail – Up to 6 months
