A driver’s license is almost a necessity in today’s modern world. Your license could be an integral part of your employment if you are a taxi or transport truck driver. Your license could simply be how you get to work, buy groceries, get to medical appointments, or visit friends and family. Think for a moment: how long would it take you to walk to work each morning from your house? For most people, the reality of no longer being able to drive a vehicle would be devastating. Let’s take a look at how people can lose their license and the consequences of driving on a suspended license.
Driver’s License
In Ontario, driver’s licenses are controlled by the Ministry of Transportation. The MTO takes care of granting new licenses, upgrading the class of a driver’s license, keeping track of demerit points and CVOR points due to convictions, as well as managing the status of whether a license is valid or suspended.
Causes of License Suspension
There are numerous ways that a license could get suspended, let’s take a look at a few of the most common causes…
Demerit Points
When the court registers a conviction against you, the MTO is notified and a record of conviction is entered into your driving history. Along with that record of conviction will come a demerit point penalty that can range from 0 to 7 demerit points. Different classes of license allow you various amounts of demerit points until you are issued a warning letter, are required to attend an MTO interview, or have your license suspended.
The consequences of demerit points for a full license are as follows:
“2 to 8 points:
You will be sent a warning letter.
9 to 14 points:
Your license could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your license should not be suspended.
If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your license could be suspended.
The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre. You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview. Failure to pay the interview fee will result in the cancellation of your driver’s license.
15+ points:
Your license will be suspended for 30 days.
When your license is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your license.
If you do not surrender your license, you can lose your license for up to two years.”
The consequences of demerit points for a novice driver (ie. G1 or G2) are as follows:
“2 to 5 points:
You will be sent a warning letter.
6 to 8 points:
Your license could be suspended. You may have to attend an interview to discuss your driving record. At this meeting, you will need to provide reasons why your license should not be suspended.
If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend, your license could be suspended.
The fee for a demerit point interview is $50 and must be paid in person at any ServiceOntario Centre. You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview. Failure to pay the interview fee will result in the cancellation of your driver’s license.
9 or more points:
Your license will be suspended for 60 days.
When your license is suspended, you will get a letter from the Ministry of Transportation. It will tell you the date your suspension takes effect and that you need to surrender your license.
If you do not surrender your license, you can lose your license for up to two years.”
Court Ordered
A conviction for an offence at court can result in a suspension of your license. Some license suspensions are mandatory upon conviction, while other suspensions may be at the discretion of the court. A court ordered suspension due to a conviction may be for a fixed period of time, whereas others may have a range of time that the license may be suspended at the court’s discretion. For instance, a conviction for Drive Under Suspension carries a mandatory, fixed 6-month suspension. Where as a conviction for Stunt Driving can result in a license suspension up to a two years on a first offence or up to 10 years on a subsequent offence at the court’s discretion.
Unpaid Fine
When a conviction for an offence at court occurs, the court sets a due date for that fine to be paid. If that fine is not paid by the deadline, the court updates the MTO and the MTO then suspends the defendant’s driver’s license until the fine is paid.
Escalated Sanctions
Escalated sanctions are a set of additional penalties that are applied against novice drivers under certain conditions such as a conviction for Drive With Handheld Communication Device (cell phone) or any offence carrying 4 or more demerit points. The consequences of escalated sanctions are as follows:
“For a first offence: your driver’s license is suspended for 30 days.
For a second offence: your driver’s license is suspended for 90 days.
For a third offence: you will lose your novice license. You will need to re-apply for your license and start all over, taking all tests and paying all fees. You will also lose any time discount you earned, any time you were credited, and any fees you have paid.”
Family Responsibility Office (FRO)
Failure to meet court ordered responsibilities such as child support payments can result in a driver’s license suspension from FRO. Until an agreement has been met with the Family Responsibility Office to address those issues, the driver’s license can remain suspended.
Medical Suspension
Medical suspensions can be a tricky basis for a license suspension. The could come from a family doctor during a regular check up or they could happen after a collision where an underlying medical condition may be suspected as the cause. These suspensions can take years to be removed and may involve both medical professionals and the MTO in clearing you to drive again.
Driving Under Suspension Penalties and Consequences
If your license is suspended it is important that you do not continue driving. The consequences of a conviction for doing so are as follows under section 53 of the Highway Traffic Act:
“(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) 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. “
If your license was suspended under one of the conditions listed in section 41 or 42 of the HTA, you can face even greater penalties:
“(a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; and
(b) 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).”
Either type of conviction would also result in a mandatory 6 month further suspension of license. It is also important to be aware that the listed fines also incur a 25% victim fine surcharge that you will have to pay.
Insurance Consequences
Normally with all the consequences of a bad driving record, individual insurance premiums will rise. With the more high-level offences, a person’s premiums may increase significantly due to the driver’s inherent risk factor as perceived by insurance providers.
If You Are Charged
If you are charged for driving under suspension, it is important that you protect your legal interests. Outside of the court penalties and licensing consequences, a conviction for driving under suspension can have a large impact on your insurance rate or ability to be insured.
Have You Been Charged Driving With A Suspended License In Ontario?
If you’ve been charged with driving with a suspended license in Ontario you should contact us as soon as possible. We have skill and experience in helping drivers just like you respond to accusations of driving with a suspended license and provide free, confidential consultations to empower you to fight your charges. We help drivers throughout Ontario including Cambridge, Georgetown, London, Windsor and from our home office in Kitchener. Contact us online or call us directly at 1.844.647.6869 or text us a copy of your ticket to 226-240-2480.
