Is driving under suspension a criminal offence?
The answer is no, it’s not a criminal offence.
But there are 5 really important things you need to know about this charge and the potential for jail.
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1/ Driving under suspension is not a criminal offence in Ontario.
But, it is an offence under the provincial law called the “Highway Traffic Act.”
And it is a serious offence under the “Highway Traffic Act.”
- It’s known as a “public safety” offence.
- That means it’s treated differently from a regular traffic ticket from a legal perspective and practical perspective.
- The different treatment has a huge impact on the potential penalties you can face and the cost you may have to pay for insurance.
2/ Don’t get confused by the language
There is a criminal charge that’s called “Drive While Disqualified.”
“Drive While Disqualified” is very different from “Driving Under Suspension.”
“Drive While Disqualified” is a criminal charge under the Criminal Code of Canada.
- This charge arises when you’ve been convicted of a criminal offence. And, as part of the penalty, your license was suspended by a judge.
- If you’re caught driving during that license suspension, you’ll be charged with Driving While Disqualified, which is a criminal offence.
3/ You can go to jail for driving with a suspended license
Even though driving under suspension is not a criminal offence, you can go to jail for driving with a suspended license.
- Under Section 53(1) of the Highway Traffic Act, upon conviction, the Justice of the Peace does have the power to put you in jail.
- And the Justice of the Peace can put you in jail for up to 6 months for every conviction.
- So, if you’re convicted on two separate charges of driving with a suspended license, you can go to jail for up 1-year.
4/ Here’s when jail may happen
If you’re convicted of driving with a suspended license, while jail is a potential penalty, it usually happens in specific circumstances.
- A real possibility of jail time exists if you have multiple prior convictions of driving with a suspended license within 5 years of the current charge.
- It’s rare that a first-time offender is jailed, but it can happen. For example, in the case of an accident involving injury or death, you could be facing jail time.
5/ Here’s why jail is possible
I’m often asked how you can go to jail if driving under suspension is not a criminal offence.
It has to do with deterrence.
- 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.
And the penalties are harsh because the lawmakers want to create a deterrence to deter you from driving with a suspended license.
- If you’re a first-time offender, generally, you’ll face some fines and a mandatory 6-month driving suspension.
- But if you are a repeat offender, the lawmakers assume that fines and license suspensions are not enough of a deterrent.
- And then they will put you in jail to significantly increase the deterrent factors.
