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Driving With a Suspended License - Fine & Penalty 2022

Driving With a Suspended License: Fine & Penalty

Driving With a Suspended License: Fine & Penalty for 2022
  • In this article, I’m going to cover the fines and penalties for driving with a suspended license in Ontario for the year 2022.
  • And stick around to the end of the article, where I will explain a legal “hack” that very few people know about that can save you a lot of money.
  • If you get caught and then convicted of driving while under suspension, the fines and penalties you face are covered under section 53(1) of the Highway Traffic Act of Ontario.  

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1/  An automatic 6-month driving suspension

  • On a conviction, your driver’s license will be suspended for 6-months.
  • This suspension is mandatory. It is not a choice.
  • This 6-month suspension will be registered in the driver’s license database controlled by the Ministry of Transportation of Ontario.
  • And that is the database that the Police use to enforce driving suspensions.

2/  Fines that start at $1,000 and go up to $5,000 

  • And in addition to these fines, you will also pay what is called a victim surcharge.  
  • That victim surcharge is applied by the Ontario government and amounts to 25% of the fine.  
  • And, you’ll pay an additional $5 fee for court costs.
  • So, for example, on a $1,000 fine, the Ministry of Transportation of Ontario would add a 25% victim surcharge and $5 court costs for a total fine equal to $1,255.

3/  Probation may be imposed

  • The court has an option to place you on a period of probation for up to 2 years.
  • Generally, this probation is non-reporting which means you do not need to report to a probation officer.
  • But, there will be strict conditions in the probation.  
  • For example, a common condition is that you do not drive unless you are properly licensed.
  • And, if you breach that probation, you will be subject to fines of up to $2,000 and jail time up to 30 days.

4/  Up to 6-months of jail is possible

  • The court has the option to put someone in jail for up to 6 months.
  • Jail is given to people in specific circumstances.
  • For example, if you have multiple convictions of driving while under suspension in a relatively short period of time.
  • Or if there are aggravating factors surrounding your offence.
  • For example, you drove while under suspension and caused an accident that hurt somebody or caused a death.
  • In these cases, you will likely face jail time.

5/  This legal hack can save you $$$ in your driving suspension fine

  • At the beginning of this article, I promised to tell you about a little-known legal hack that can save you a lot of money.
  • So, if you’re convicted of driving under suspension, you will be facing a minimum $1,000 fine. 
  • However, many people struggle financially and may have problems paying that fine.
  • If you have financial problems, you can ask the Justice of the Peace for financial relief under section 59(2) Provincial Offence Act.  
  • Under this little-known law, the Justice of the Peace has the power to reduce your fine below the minimum amount written in the law.
  • So, if you explain your financial situation to the Justice of the Peace, they may reduce your fine below what is written in the law, saving you a lot of money.
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About Dan Joffe, Partner

Jonathan practices exclusively in defending Stunt Driving charges in Ontario.  He is the co-founding partner of Nextlaw and is licensed by the Law Society of Ontario.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.