What’s the penalty for driving with a suspended license? PART 5: PROBATION

What’s the penalty for driving with a suspended license? Part 5: Probaation

Here are 7 things you need to know about a probation order that may be imposed on you if you’re convicted of Driving With A Suspended License.

This video is Part 5 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, Part 3: Jail and Part 4: Fines here

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1/ What is the probation 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 probation, you may be facing a probation order under section 72 (1) of the Provincial Offences Act.
  
• And that probation order can last up to 2 years from the date of your conviction.

2/ What does it mean to get a probation order?

• A probation order details specific things that you can’t do.  And specific things that you must do.  Here they are.
• You cannot commit the same offence, i.e. you can’t drive while your license is suspended
• You cannot commit any offence (even if it’s not a driving offence), that has jail as a potential penalty
• You have to appear before the court when you are required to
• You have to notify the court if your address has changed

3/ There are other potential things you may need to do.  Here they are.

• I’ve just gone through the mandatory requirements of a probation order.  
• But the lawmakers have given the court the discretion to add other conditions to your probation order.  
• For example, the court may add a condition such as, “to not sit in a driver’s seat unless you have a valid driver’s license.”
  
• Or, the court may impose a condition of community service.  
  
• With community service, the court would define the number of hours you need to complete for community service.  And would define how long you would have to complete those community service hours. 
  
• Finally, you would be required to report to a probation officer to fulfil the community service portion of your probation order.

4/ When would the court seek a probation order?

• There is no specific rule as to when the court would impose a probation order.
  
• Generally, on a first conviction with no aggravating circumstances, the court would not impose a probation order.
  
• However, if you have prior convictions of driving while under suspension, the court may impose a probation order. 
  
• And, if jail is part of your penalty, you will almost certainly be assessed a probation order.
  
• The logic of a probation order is this.  The court wants to send you a strong message that your behaviour of driving while under suspension will not be tolerated. 
  
• So, the potential of additional penalties stemming from a probation breach may be a strong deterrent to you.

5/ What are the penalties for a breach of your probation order?

• If you’ve breached your probation order, you will be facing two potential penalties.
  
• First, a fine of up to $1,000.  And, the court will also add on a victim surcharge on top of the fine. 
  
• And second, you can be facing a period of jail up to 30-days.

6/ If you breach your probation order, will the other penalties go away?

• No.
  
• These probation penalties are in addition to the penalties for driving with a suspended license.
  
• So, on conviction, you will get a 6-month driving suspension.  You will likely get fines.  And, you may be facing jail time.
• These penalties are in addition to the penalties stemming from the probation order.
  

7/  Who makes the decision about probation?

• Ultimately, the Justice of the Peace is the final decision maker about where there will be a probation order.  And the specific terms of the probation order.
• However, the Prosecutor has a lot of power and will suggest to the court whether there should be probation and what terms of that probation 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.