What’s the penalty for driving with a suspended license? PART 3: JAIL
Here are 5 things you need to know about the potential of jail-time that you may be facing if you’re convicted of Driving With A Suspended License
This article is Part 3 of an important topic, “what’s the penalty for driving with a suspended license?”.
You can read Part 1 and Part 2 here
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1/ What is the jail portion of the penalty?- With a conviction on a “Driving With A Suspended License” charge, you’ll be facing multiple penalties. And I’ve covered those penalties in other my other articles.
- Regarding jail time, you’ll be facing up to 6 months of jail for each conviction.
- So, if you’re convicted of 2 “Driving with a suspended license” charges, then you’ll be facing 2x 6-months. In other words, you’ll be facing a year of jail time.
2/ Why is jail a part of the penalty?- It has to do with public safety.
- A car weighs about 4000 pounds and when you put that 4000 pounds on wheels, then what you have, in effect, is a weapon on wheels. That 4000-pound weapon on wheels can cause property damage and can hurt or even kill people.
- From a public safety perspective, the lawmakers have decided to do what they can to control who is allowed to drive these 4000-pound vehicles. And that control is exerted by requiring people to be properly licensed.
- And, if your license is suspended, the lawmakers put in place very strict and painful penalties to stop you from driving with a suspended license. In other words, to deter you from driving a 4000-pound weapon on wheels.
- The penalties start with a mandatory 6-month driving suspension period along with fines.
- And, if you keep breaking the driving with a suspended license law, the lawmakers take the position that the 6-month suspension periods and fines are not enough of a deterrent.
- So, the lawmakers have given the courts the power to put you in jail on the belief that jail time will be more effective to stop you from driving with a suspended license. In other words, to stop you from driving a 4000-pound weapon on wheels.
3/ If your facing jail time, is this a criminal charge?- No. Even though you may be facing jail time, driving with a suspended license is not a criminal charge.
- It is a serious offence under the Highway Traffic Act of Ontario, which is provincial legislation.
- There are, however, driving suspension penalties in the Criminal Code of Canada, but that is different from the potential of jail time stemming from a conviction of the provincial offence of Driving With A Suspended License.
4/ When will the court seek jail time?- Generally, the court will be seeking jail time if you have multiple prior convictions of driving with a suspended license within 5-years of your offence date.
- Jail time has to do with deterrence. If you keep driving with a suspended license, the law assumes that the penalties you’ve been subject to with previous convictions have not been effective.
- And the only way to get you to stop driving is to put you in jail.
- Now, there are some situations where the court would be seeking jail time on a first conviction. Jail would be possible if there were aggravating circumstances, such as an accident that caused real property damage or if someone was hurt or killed.
5/ Can you avoid jail time?- Maybe
- It’s a difficult question to answer because every case is different.
- The facts of your case matters.
- The prosecutor who is in charge of your case matters.
- And the court you’re in, and Justice of the Peace that will hear your case, matters.
- If you’re facing jail time, please reach out to me to have a confidential discussion about the best strategy to handle your case to minimize or possibly even avoid jail time.
- It has to do with public safety.
- A car weighs about 4000 pounds and when you put that 4000 pounds on wheels, then what you have, in effect, is a weapon on wheels. That 4000-pound weapon on wheels can cause property damage and can hurt or even kill people.
- From a public safety perspective, the lawmakers have decided to do what they can to control who is allowed to drive these 4000-pound vehicles. And that control is exerted by requiring people to be properly licensed.
- And, if your license is suspended, the lawmakers put in place very strict and painful penalties to stop you from driving with a suspended license. In other words, to deter you from driving a 4000-pound weapon on wheels.
- The penalties start with a mandatory 6-month driving suspension period along with fines.
- And, if you keep breaking the driving with a suspended license law, the lawmakers take the position that the 6-month suspension periods and fines are not enough of a deterrent.
- So, the lawmakers have given the courts the power to put you in jail on the belief that jail time will be more effective to stop you from driving with a suspended license. In other words, to stop you from driving a 4000-pound weapon on wheels.
3/ If your facing jail time, is this a criminal charge?- No. Even though you may be facing jail time, driving with a suspended license is not a criminal charge.
- It is a serious offence under the Highway Traffic Act of Ontario, which is provincial legislation.
- There are, however, driving suspension penalties in the Criminal Code of Canada, but that is different from the potential of jail time stemming from a conviction of the provincial offence of Driving With A Suspended License.
4/ When will the court seek jail time?- Generally, the court will be seeking jail time if you have multiple prior convictions of driving with a suspended license within 5-years of your offence date.
- Jail time has to do with deterrence. If you keep driving with a suspended license, the law assumes that the penalties you’ve been subject to with previous convictions have not been effective.
- And the only way to get you to stop driving is to put you in jail.
- Now, there are some situations where the court would be seeking jail time on a first conviction. Jail would be possible if there were aggravating circumstances, such as an accident that caused real property damage or if someone was hurt or killed.
5/ Can you avoid jail time?- Maybe
- It’s a difficult question to answer because every case is different.
- The facts of your case matters.
- The prosecutor who is in charge of your case matters.
- And the court you’re in, and Justice of the Peace that will hear your case, matters.
- If you’re facing jail time, please reach out to me to have a confidential discussion about the best strategy to handle your case to minimize or possibly even avoid jail time.
- Generally, the court will be seeking jail time if you have multiple prior convictions of driving with a suspended license within 5-years of your offence date.
- Jail time has to do with deterrence. If you keep driving with a suspended license, the law assumes that the penalties you’ve been subject to with previous convictions have not been effective.
- And the only way to get you to stop driving is to put you in jail.
- Now, there are some situations where the court would be seeking jail time on a first conviction. Jail would be possible if there were aggravating circumstances, such as an accident that caused real property damage or if someone was hurt or killed.
