How long does a suspended license stay on your record in Ontario?

How long does a suspended license stay on your record in Ontario?

• This is an incredibly important question in the context of getting charged with driving while under suspension.
• If you get convicted of driving while suspended in Ontario, that conviction will always be on your driving record. 
• It does not go away.

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• Now, what matters is if you are charged and convicted again, in the future, with another driving while under suspension charge.
• For the sake of this article, let’s call that a second conviction.
• If you have multiple convictions of driving while under suspension, the timing of those convictions is what matters in regards to the penalty.
• The penalties for driving while under suspension are covered under Section 53 of the Highway Traffic Act of Ontario.
• And the law is clear that if you are convicted more than one time, the penalties increase. 
• For example, fines increase.
  
  
  • And, because you have prior convictions, the Prosecution may consider additional penalties including jail time.
  • So whether you have prior convictions or not, matters as that may make the difference between jail time and no jail time.
  • The final decision maker of the penalty is the Justice of the Peace.
• Now, here is what’s really important.
  
  
  • That Justice of the Peace will look at the timing of your prior convictions.   
  • Specifically, the key timing is five years from your last conviction.
  • If your current second conviction is LESS than five years from your first conviction, then the courts will consider your latest conviction to be a second conviction. 
• And your penalties will increase and be harsher.
• But if your current second conviction is MORE than five years from your first conviction, then the courts will consider your second conviction as a first conviction.
• That means the penalties you face will be much less painful.
• So, while your driving while suspended convictions will always be on your record for the court to consider, the timing of your convictions is really what matters.
• If you have really dated convictions that are more than 5 years old, then those convictions will be ignored in regards to the penalties you face.