What’s the penalty for driving with a suspended license? Part 4: Fines
Here are 5 things you need to know about the fines that you may be facing if you’re convicted of Driving With A Suspended License
This video is Part 4 of an important topic, “what’s the penalty for driving with a suspended license?”.
You can read the previous articles here – Parts 1, Part 2 and Part 3: Jail here
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1/ What is the fines-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 videos.
- Regarding fines, you’ll be facing fines that start at a minimum of $1,000 and go up to $5,000.
- These are the fines for each conviction.
- So, if you’re convicted of 2 “Driving with a suspended license” charges, then you’ll be facing fines of $1,000 to $5,000 for each conviction. In other words, you’ll be facing fines of $2,000 to $10,000.
2/ You’ll pay an additional 25% “surcharge.” Here’s why.- After the penalty has been laid down, the court will add a 25% victim surcharge.
- This victim surcharge is not optional. It’s the law and is imposed under the Provincial Offences Act. The purpose of the victim surcharge is to help fund victims of crime.
- So, on a $1,000 fine, the total fine will be $1,000 plus the 25% victim surcharge for a total of $1,250.
- And if you’re assessed a fine of $5,000 fine, then the total fine will be $5,000 plus a 25% victim surcharge for a total of $6,250.
3/ Why are the fines a range and not fixed?- You’ll notice that the fines are a range, $1,000 to $5,000. They are not fixed.
- The reason why has to do with deterrence.
- This means that the lawmakers who wrote the laws are giving the court the discretion to apply the range of fines based on the specific facts of your case.
- So, the more serious the fact situation (for example, if you have prior convictions of Driving While Under Suspension), the higher the fines will be.
- Generally, if you’ve never been convicted of this charge before, then you’ll be facing a $1,000 fine. If this is a 2nd conviction, then you’ll be facing a minimum $2,000 fine. And those fines will increase with additional convictions.
- There are exceptions, however.
- For example, on a first conviction, sometimes the court will allow for a lesser fine, say $500.
- Or, if aggravating circumstances are surrounding the offence, such as an accident, then the court may assess a higher fine than the minimum $1,000 even if this is a first-time conviction for you.
4/ Who decides the fine? - Ultimately, the Justice of the Peace is the final decision maker about the fine.
- However, the Prosecutor has a lot of power and will suggest to the court what the fine should be.
- Generally, the Justice of the Peace will follow the direction of the Prosecutor as long the Prosecutor is following the generally accepted guidelines for assessing the penalties.
5/ Ask for time to pay- Regardless of the fine amount, you can ask the Justice of the Peace for time to pay.
- Generally, it’s quite common for larger fines above $1,000 to get up to 12 months to pay your fine. However, some Justices will only give you 6 months to pay.
- Regardless of whether you get 12 months or 6 months to pay, the court system is open to giving you a payment plan which means you may pay off the fine over a few years.
- We suggest you contact the court to discuss how to enter into a payment plan as each court handles payment plans differently.
- After the penalty has been laid down, the court will add a 25% victim surcharge.
- This victim surcharge is not optional. It’s the law and is imposed under the Provincial Offences Act. The purpose of the victim surcharge is to help fund victims of crime.
- So, on a $1,000 fine, the total fine will be $1,000 plus the 25% victim surcharge for a total of $1,250.
- And if you’re assessed a fine of $5,000 fine, then the total fine will be $5,000 plus a 25% victim surcharge for a total of $6,250.
3/ Why are the fines a range and not fixed?- You’ll notice that the fines are a range, $1,000 to $5,000. They are not fixed.
- The reason why has to do with deterrence.
- This means that the lawmakers who wrote the laws are giving the court the discretion to apply the range of fines based on the specific facts of your case.
- So, the more serious the fact situation (for example, if you have prior convictions of Driving While Under Suspension), the higher the fines will be.
- Generally, if you’ve never been convicted of this charge before, then you’ll be facing a $1,000 fine. If this is a 2nd conviction, then you’ll be facing a minimum $2,000 fine. And those fines will increase with additional convictions.
- There are exceptions, however.
- For example, on a first conviction, sometimes the court will allow for a lesser fine, say $500.
- Or, if aggravating circumstances are surrounding the offence, such as an accident, then the court may assess a higher fine than the minimum $1,000 even if this is a first-time conviction for you.
4/ Who decides the fine? - Ultimately, the Justice of the Peace is the final decision maker about the fine.
- However, the Prosecutor has a lot of power and will suggest to the court what the fine should be.
- Generally, the Justice of the Peace will follow the direction of the Prosecutor as long the Prosecutor is following the generally accepted guidelines for assessing the penalties.
5/ Ask for time to pay- Regardless of the fine amount, you can ask the Justice of the Peace for time to pay.
- Generally, it’s quite common for larger fines above $1,000 to get up to 12 months to pay your fine. However, some Justices will only give you 6 months to pay.
- Regardless of whether you get 12 months or 6 months to pay, the court system is open to giving you a payment plan which means you may pay off the fine over a few years.
- We suggest you contact the court to discuss how to enter into a payment plan as each court handles payment plans differently.
- Ultimately, the Justice of the Peace is the final decision maker about the fine.
- However, the Prosecutor has a lot of power and will suggest to the court what the fine should be.
- Generally, the Justice of the Peace will follow the direction of the Prosecutor as long the Prosecutor is following the generally accepted guidelines for assessing the penalties.
