Being unable to drive is tough. It’s inconvenient at best and damaging to your livelihood at worst. Unfortunately, Ontario’s legal system is tough on traffic-related crime, so if you’re under licence suspension, you cannot operate a motor vehicle on public roads under any circumstances. Even a genuine emergency does not excuse it, and courts treat it far more seriously than a standard traffic violation. If you’re caught driving with a suspended license and end up with another conviction (even if you have no history of repeat traffic offences), you could be in serious trouble and could even end up doing jail time.
What does it mean to Drive with a Suspended Licence?
Licence suspension is a formal process by which your legal ability to drive is temporarily revoked. This means that a person cannot drive on public roads in Ontario or other provinces while their licence is under suspension and the suspension is likely to apply outside of Canada as well. Because these records are kept electronically, you won’t be able to hide the fact that your licence is suspended.
Driving while your licence is suspended is an offence, even if the police originally stop you for something unrelated, such as a broken headlight. In most cases, driving while suspended is charged under Ontario’s Highway Traffic Act. A separate Criminal Code charge of operation while prohibited may apply when someone drives contrary to a Criminal Code prohibition or a related legal restriction. It does not arise simply because the driver was stopped for another traffic offence.
Licence suspension periods vary based on the traffic offence or crime they’re associated with. A suspension is not the same thing as a cancellation. As long as you follow the rules, you’ll be able to start driving again when your suspension period is over. You may need to do some extra tasks to renew your licence, like take a vision or road test, but having your licence reinstated means you no longer need to worry about the charge of driving with a suspended licence. It also means that any demerit points on your record will be reduced to 7 for fully licenced drivers and 4 for novices.
Highway Traffic Act and Criminal Code charges
The possible consequences depend on why the licence was suspended and whether the new charge is brought under the Highway Traffic Act or the Criminal Code. These are separate legal regimes with different penalties.
For an ordinary first offence under section 53 of the Highway Traffic Act, the fine ranges from $1,000 to $5,000. A later offence carries a fine of $2,000 to $5,000. Higher ranges apply when the suspension arose under specified Highway Traffic Act provisions: $5,000 to $25,000 for a first offence and $10,000 to $50,000 for a later offence. Those higher fines are still Highway Traffic Act penalties, not Criminal Code fines.
A Highway Traffic Act conviction can also result in up to six months in jail. The separate Criminal Code offence of operation while prohibited is hybrid: the maximum is 10 years if the Crown proceeds by indictment, while the general summary-conviction maximum is two years less a day. A conviction can also affect how long the person remains off the road. The potential outcome depends on the type of suspension or prohibition, how the charge proceeds, and the person’s record.
What Can You Do When You’re Caught Driving with a Suspended Licence
If you’re ticked or charged with driving while your Ontario driver’s licence is suspended, you’ll want to do a few things right away. First, take any necessary steps to ensure you won’t have to drive again. The way you handle this is up to you, but the bottom line is that it is essential to avoid further offences in this area. Your response could even mean selling your car so you aren’t tempted to drive and using that money to pay for a taxi or public transportation services. Other solutions include carpooling with coworkers who aren’t on suspended licences or getting a bicycle to get around.
You should also get in touch with a traffic lawyer as soon as possible after you’re caught driving with a suspended licence. Don’t wait. A lawyer can review your case quickly and help you understand what consequences are on the horizon. Experienced lawyers will help you understand what to expect and how best to respond.
A lawyer may even be able to get charges against you reduced or argue for the lightest possible punishment in your case. This is all a valuable service that you’ll want to make use of. Simply going into court by yourself and simply letting the judge decide what happens without having a skilled legal expert to advocate for you and look out for procedural errors on the part of the police or the court.
A suspended licence is nothing to trifle within Ontario. The best way to avoid getting caught is to not violate the suspension in the first place. While your licence is suspended, driving anywhere, under any circumstances, is a violation. The law is fairly clear-cut on this, but what happens after you’re caught isn’t necessarily set in stone. Get in touch with our office today. We’ll help you keep the damage to a minimum.
If you have been caught driving with a suspended licence in Ontario, contact the Law Firm of Ted Yoannou as soon as possible. We defend driving while suspended charges in Toronto and across Ontario.