Driving With Suspended Licence – Ontario
The ability to drive with a valid Ontario driver’s license is vital to modern life. Driver’s licenses can be suspended for multiple reasons, sometimes even without your immediate knowledge.
If your license has been suspended and you are stopped by the police, you can be charged with Driving While Under Suspension, a Provincial Offence under the Highway Traffic Act (HTA).
Although this is not a Criminal Code offence, these offences still carry severe penalties if convicted, such as high court fines, potential imprisonment (up to six months of jail time), further driver’s licence suspension, as well as having a very large impact on insurance costs.
If you are found guilty of driving while your license is suspended for a criminal conviction, you can face a jail sentence as well as large fines.
Common Reasons For A Suspended License in Ontario
The most common reasons for an Ontario driver’s license to be suspended are:
- Unpaid court fines
- A court-ordered driver’s license suspension
- Administrative driver’s license suspension
- Immediate, 90-day suspension if:
- Your blood alcohol concentration (B.A.C.) exceeds .08
- You fail or refuse to give a breath, blood, oral fluid or urine sample when asked by police
- You fail or refuse to perform physical tests or submit to a drug evaluation when required by police
- Immediate, 90-day suspension if:
- An immediate roadside suspension from police for charges such as Stunt Driving or alcohol-related offences
- Criminal offence conviction
- A conviction for any of the following Criminal Code of Canada offences results in a one-year suspension
- Controlling a vehicle with a BAC of more than 80 milligrams per 100 millilitres of blood (.08)
- Refusing to submit to a breath test for alcohol
- Failing or refusing to provide a breath sample for roadside testing
- Failing to remain at the scene of a collision
- Dangerous driving
- Causing death or bodily harm by criminal negligence
- Failing to stop for police
- A conviction for any of the following Criminal Code of Canada offences results in a one-year suspension
- Discretionary Ministry of Transportation (MTO) suspension after an interview
- Mandatory MTO suspension due to accumulated demerit points
- “Escalating sanctions” suspension for novice drivers in the license classes G1, G2, M1, M2
- Family Responsibility Office (FRO) suspension
- Medical suspension
The Highway Traffic Act Overview on Suspended Licences
Driving While Under Suspension falls under section 53 of the Highway Traffic Act (HTA), which states:
53 (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s license is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence[…]
The wording here is very simple: If your driver’s license is suspended, you can’t drive.
Penalties For Driving With A Suspended License in Ontario
- Fines: The law imposes fines ranging from $1,000 to $5,000 for a first offence and increases for subsequent offences.
- Imprisonment: Offenders may face up to six months in jail, depending on the severity of the offence.
- Further Suspension: A conviction will result in an additional six month license suspension.
- Insurance Penalties: Convictions lead to increased insurance premiums, marking you as a high-risk driver.
Driving with a suspended license in Ontario is not considered a criminal driving offence.
If you are caught driving around with a suspended license and convicted of the offence, the following three areas of penalties will apply; Court penalties, MTO imposed penalties, and increases to insurance premiums. The court penalties prescribed under the HTA are as follows:
- for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
- for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000, or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1).
(1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s license is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,
- for a first offence, to a fine of not less than $5,000 and not more than $25,000; and
- for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000, or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 7 (2).
It is important to note that these fines are subject to an additional 25% victim fine surcharge. A conviction would also result in an MTO imposed mandatory six-month license suspension. The penalties for Driving While Under Suspension can be summarized as follows:
| Occurrence | Min. Fine* | Max. Fine* | Imprisonment | Suspension |
| 1st | $1,000 | $5,000 | Up to 6 months | 6 months |
| 2nd or later | $2,000 | $5,000 | Up to 6 months | 6 months |
* Plus the mandatory 25% victim fine surcharge.
If the original license suspension was due to one of the reasons detailed under HTA sections 41 and 42, then the elevated penalties can be summarized as follows:
| Occurrence | Min. Fine* | Max. Fine* | Imprisonment | Suspension |
| 1st | $5,000 | $25,000 | Up to 6 months | 6 months |
| 2nd or later | $10,000 | $50,000 | Up to 6 months | 6 months |
* Plus the mandatory 25% victim fine surcharge.
A conviction for Driving While Under Suspension would be a permanent record of conviction on your driving history that would be visible to the Prosecutor and used against you should you be charged with a subsequent offence by the police. As the offence carries a mandatory six-month license suspension, no demerit points are applied to your driver’s license for a conviction. However, your insurer may consider you to be “high risk” if convicted, resulting in significantly increased insurance costs. The Highway Traffic Act is constantly evolving, but you can read the full text of the most up-to-date version on the official Ontario website.
What Should I Do If the Police Have Charged Me With Driving On a Suspended License?
If you are charged with driving on a suspended license, your first phone call should be to OTD Ticket Defenders Legal Services. Your summons will list an upcoming ‘first appearance’ court date, and you will need to seek out important information to help ensure that you are making informed decisions on how to deal with this serious offence. Every case is unique depending if your situation includes careless driving, if you have too many demerit points, other traffic tickets, your suspension period, if you’re a fully licensed driver, if this is your first or second occurrence or if there is also impaired driving offences.
Immediate Steps if Charged
- Seek Legal Advice: Contact OTD Legal immediately for a free consultation.
- Understand the Charges: Get clarity on the charges against you and their potential impact.
- Prepare for Court: Work with your legal team to develop a strong defence strategy.
How to Fight Driving with a Suspended License Charges
A legal misstep or an uninformed decision can result in negative consequences that can impact your life for years to come. Attending court hearings can be a large source of stress and anxiety for most defendants. We can relieve your stress by attending your court appearances for you. We can resolve most matters without you being required to personally attend any court appearances. A licensed paralegal is your voice and your advocate. Our staff are here to help you. We offer a no-cost, no-obligation initial consultation to assist you. Our office can be reached via our toll-free telephone number 1-866-591-9206, by email at info@otdlegal.ca, or by text at 226-240-2480. You can also submit an online request for a consultation.
Suspended Licence FAQs
What constitutes a strict liability offence?
Driving with a suspended license is a strict liability offence, meaning intent doesn’t need to be proven. However, ignorance of the suspension is not a defence.
Can I drive with a medical suspension?
No. Any form of suspension, including for medical reasons, prohibits you from driving legally.
What are the consequences of driving with a suspended license?
If convicted, you’ll face fines, potential jail time, additional suspension periods, and increased insurance rates.
How can I avoid suspension for unpaid fines?
Explore payment plans for outstanding fines, by speaking with the courts and ServiceOntario they can usually set our a payment plan for you.
Is Driving With A Suspended License A Criminal Driving Offence?
No, driving while under suspension is not a Criminal Code Offence; it is under the Highway Traffic Act.
What should I do if a police officer stops me and I’m driving with a suspended license?
If stopped by a police officer while driving with a suspended license, remain calm and cooperative. Provide the documentation requested and avoid making any admissions or statements. Contact legal representation as soon as possible following the stop.
How does driving with a suspended license affect my driving record?
Driving with a suspended license will negatively affect your driving record, leading to increased insurance premiums and potentially making you ineligible for certain types of insurance coverage. This mark remains on your record for at least three years.
What legal representation options do I have if charged with driving under suspension?
You have the right to seek legal representation from a licensed paralegal or lawyer who specializes in traffic law and driving offences. They can provide advice, represent you in court, and help minimize the penalties or possibly have the charges dismissed.
What can lead to vehicle impoundment under suspension charges?
Vehicle impoundment can occur if you’re caught driving with a suspended license due to criminal convictions or accumulating too many demerit points. The period of impoundment can vary, but it serves as an immediate penalty for the offence.
What does “automatically suspended” mean?
An “automatically suspended” license refers to suspensions that occur without the need for a court hearing, often triggered by specific events such as accumulating too many demerit points, failing to pay fines, or being in the warn range for blood alcohol concentration on multiple occasions.
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Have You Been Charged for Driving on A Suspended License In Ontario?
If you’ve been charged for driving with a suspended license in Ontario, contact us as soon as possible. We have the skill and experience to help drivers just like you, all while protecting your best interests in the process. We provide free, no obligation, confidential consultations. We help drivers throughout Ontario, including in Kitchener, Georgetown, London, and Windsor, or from our home office in Cambridge. To start a free consultation, text a copy of your ticket to 226-240-2480 or email a copy to help@otdlegal.ca. Once we receive a copy of your ticket, we will call you. As always, we can also be contacted toll-free by calling 1-844-647-6869.
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