What’s the penalty for driving with a suspended license?
Here are 5 things you need to know about the penalties you’ll face if you’re convicted of driving with a suspended license in Ontario.
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1/ Where you can find the penalties2/ Here are the penalties- If you are convicted of driving with a suspended license in Ontario, you will be subject to multiple penalties. Here they are.
- 6-Month Driving Suspension
- On conviction, your driver’s license will automatically be suspended for a period of 6-months.
- This 6-month suspension is mandatory. It’s written into the law. This means you cannot negotiate your way out of the 6-month suspension if you’re convicted.
- Now, if your license is currently suspended, your 6-month suspension will only start after you fix the original problem that suspended your license.
- For example, if you have unpaid fines and get convicted of driving with a suspended license, your 6-month driving suspension will only start after paying your fines in full. So if it takes you 3-months to fix your current license suspension, your 6-month suspension will only begin in the fourth month.
- Fines that start at $1,000 up to $5,000
- And, the Ontario Government will add another 25% on top of your fine for what’s called a “Victim Fine Surcharge.”
- So, you’re effectively facing fines that start at $1,250 up to $6,250.
- Generally, the courts will give you time to pay these fines. In some cases, you may be able to get up to a year to pay the fines.
- Probation
- You may be subject to a probation order that may last for up to 2 years.
- Generally, these probation orders state that if you commit this offence again, i.e., if you’re convicted of driving with a suspended license during the probation period, that in addition to the penalties you’ll face for driving under suspension, you’ll also face additional penalties for breaching your probation.
- A probation breach is a serious offence that includes both fines and jail time.
- Jail
- You can go to jail for up to 6-months for each conviction.
- Even though driving with a suspended license is not a criminal charge, the lawmakers decided to add jail as a potential penalty to send a strong message that driving with a suspended license will not be tolerated.
3/ Penalties not fixed. There’s a range.- Other than the 6-month driving suspension, which is mandatory, the penalty’s different elements are all ranges.
- For example, fines range $1,000 up to $5,000. Probation up to 2 years. Or jail up to 6 months.
- The reason why there are ranges has to do with flexibility.
- The lawmakers want to give the court system a toolbox of penalties to be applied to different situations.
- So, the worse the circumstances are surrounding your offence, the worse your penalties will be.
4/ Who decides on the penalty- The Justice of the Peace is the final decision maker on the penalty. Let me explain.
- There are 3 key people in a driving with a suspended license court case.
- 1st – You. The defendant, who has been charged with driving with a suspended license.
- 2nd – The Prosecutor. This person works for the government, and their job is to convict you on the driving with a suspended license charge.
- 3rd – The Justice of the Peace. This person is like a referee. They are not on your side. They are not on the Prosecutor’s side. They are there to make sure all the rules are followed.
- The Justice of the Peace is also the final decision maker when it comes to the penalty.
- So, while the Prosecutor will recommend what the penalty should be, the Justice of the Peace is the final decision maker about your penalty.
5/ What factors go into deciding on penalty- There are general guidelines that the Justice of the Peace will follow when applying penalties for driving with a suspended license.
- Generally, the more serious the circumstances are, the worse the penalty will be.
- Some of the important factors that will contribute to the penalties are:
- How many previous convictions there were in the past, within 5 years of the current charge.
- Whether there was an accident associated with the charge. And if there was, what was the extent of the damages and whether anyone was hurt;
- If you are convicted of driving with a suspended license in Ontario, you will be subject to multiple penalties. Here they are.
- 6-Month Driving Suspension
- On conviction, your driver’s license will automatically be suspended for a period of 6-months.
- This 6-month suspension is mandatory. It’s written into the law. This means you cannot negotiate your way out of the 6-month suspension if you’re convicted.
- Now, if your license is currently suspended, your 6-month suspension will only start after you fix the original problem that suspended your license.
- For example, if you have unpaid fines and get convicted of driving with a suspended license, your 6-month driving suspension will only start after paying your fines in full. So if it takes you 3-months to fix your current license suspension, your 6-month suspension will only begin in the fourth month.
- Fines that start at $1,000 up to $5,000
- And, the Ontario Government will add another 25% on top of your fine for what’s called a “Victim Fine Surcharge.”
- So, you’re effectively facing fines that start at $1,250 up to $6,250.
- Generally, the courts will give you time to pay these fines. In some cases, you may be able to get up to a year to pay the fines.
- Probation
- You may be subject to a probation order that may last for up to 2 years.
- Generally, these probation orders state that if you commit this offence again, i.e., if you’re convicted of driving with a suspended license during the probation period, that in addition to the penalties you’ll face for driving under suspension, you’ll also face additional penalties for breaching your probation.
- A probation breach is a serious offence that includes both fines and jail time.
- Jail
- You can go to jail for up to 6-months for each conviction.
- Even though driving with a suspended license is not a criminal charge, the lawmakers decided to add jail as a potential penalty to send a strong message that driving with a suspended license will not be tolerated.
3/ Penalties not fixed. There’s a range.- Other than the 6-month driving suspension, which is mandatory, the penalty’s different elements are all ranges.
- For example, fines range $1,000 up to $5,000. Probation up to 2 years. Or jail up to 6 months.
- The reason why there are ranges has to do with flexibility.
- The lawmakers want to give the court system a toolbox of penalties to be applied to different situations.
- So, the worse the circumstances are surrounding your offence, the worse your penalties will be.
4/ Who decides on the penalty- The Justice of the Peace is the final decision maker on the penalty. Let me explain.
- There are 3 key people in a driving with a suspended license court case.
- 1st – You. The defendant, who has been charged with driving with a suspended license.
- 2nd – The Prosecutor. This person works for the government, and their job is to convict you on the driving with a suspended license charge.
- 3rd – The Justice of the Peace. This person is like a referee. They are not on your side. They are not on the Prosecutor’s side. They are there to make sure all the rules are followed.
- The Justice of the Peace is also the final decision maker when it comes to the penalty.
- So, while the Prosecutor will recommend what the penalty should be, the Justice of the Peace is the final decision maker about your penalty.
5/ What factors go into deciding on penalty- There are general guidelines that the Justice of the Peace will follow when applying penalties for driving with a suspended license.
- Generally, the more serious the circumstances are, the worse the penalty will be.
- Some of the important factors that will contribute to the penalties are:
- How many previous convictions there were in the past, within 5 years of the current charge.
- Whether there was an accident associated with the charge. And if there was, what was the extent of the damages and whether anyone was hurt;
- The Justice of the Peace is the final decision maker on the penalty. Let me explain.
- There are 3 key people in a driving with a suspended license court case.
- 1st – You. The defendant, who has been charged with driving with a suspended license.
- 2nd – The Prosecutor. This person works for the government, and their job is to convict you on the driving with a suspended license charge.
- 3rd – The Justice of the Peace. This person is like a referee. They are not on your side. They are not on the Prosecutor’s side. They are there to make sure all the rules are followed.
- The Justice of the Peace is also the final decision maker when it comes to the penalty.
- So, while the Prosecutor will recommend what the penalty should be, the Justice of the Peace is the final decision maker about your penalty.
5/ What factors go into deciding on penalty- There are general guidelines that the Justice of the Peace will follow when applying penalties for driving with a suspended license.
- Generally, the more serious the circumstances are, the worse the penalty will be.
- Some of the important factors that will contribute to the penalties are:
- How many previous convictions there were in the past, within 5 years of the current charge.
- Whether there was an accident associated with the charge. And if there was, what was the extent of the damages and whether anyone was hurt;
And how the interactions were with the Police officer at the time of the offence.
