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.

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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
• 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
• 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:

1. for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
2. 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,

1. for a first offence, to a fine of not less than $5,000 and not more than $25,000; and
2. 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:

Suspended License Charge FAQ

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.

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.

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 experience helping drivers just like you respond to accusations of driving with a suspended license and provide free, confidential consultations. We help drivers throughout Ontario including Kitchener,  Georgetown, London, Windsor and from our home office in Cambridge. Contact us online, call us directly at 1-844-647-6869, or text a copy of your ticket to 226-240-2480.

Suspended License Resources

• What To Do When Your Driver’s License Is Suspended
• How To Check If Your License Is Suspended
• How to Deal With Unpaid Tickets
• Understanding Escalated Sanctions In Ontario