Will you go to jail for driving on a suspended license?

Will you go to jail for driving on a suspended license?

• Here are 3 things you need to know about whether you go to jail for driving on a suspended license? 

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1/ Can you go to jail for driving on a suspended license?

• The answer is yes.
• Under Section 53(1) of the Highway Traffic Act of Ontario, you can go to jail for up to 6-months on a conviction of driving on a suspended license.

2/ Going to jail depends on these factors

• Whether you go to jail or not depends on multiple factors.  
• One of the key factors is the number of prior convictions you have of driving on a suspended license.
• Generally, jail is considered on a 3rd conviction of driving on a suspended license within 5-years.
• However, jail is a possibility even on a 1st or 2nd conviction if there are aggravating circumstances.  
• For example, if there was an accident that caused significant property damage.  
• Or, an accident that caused bodily harm or death of another person may result in jail time even if this conviction is your 1st or 2nd conviction.

3/ This person will decide whether you go to jail or not

• This person is the Justice of the Peace. He or she will be the final decision maker on whether you go to jail for driving on a suspended license.
• However, a key person in the decision-making process is the Prosecutor.  
• In your driving while under suspension court case, the Prosecutor will make a recommendation to the Justice of the Peace regarding the penalty.
• And, generally, the Justice of the Peace goes along with the Prosecutor’s suggestion as long as that suggestion follows the guidelines set out by the Attorney General of Ontario.
• And those guidelines do include potential jail time.