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Ontario|Criminal LawDriving Offences 778 Driving while your licence is suspended It is an offence under both the federal Criminal Code and the provincial Highway Traffic Act to drive while your driver's licence is suspended. Your licence could be suspended by the provincial government's Registrar of Motor Vehicles, by the police, or as a result of a criminal conviction.
- When can your licence be suspended
The Registrar of Motor Vehicles may suspend your licence if you have not paid a fine or if you have accumulated too many demerit points as a result of driving offences. The police may suspend your licence for up to twelve hours if they pull you over and you fail a roadside breath test, and up to 90 days if you fail a breathalyzer test.
Your licence may also be suspended as a result of a conviction for certain driving offences, such as impaired driving or dangerous driving. In these situations, your driver's licence is automatically suspended for at least one year.
- Penalties
If you are convicted under the Highway Traffic Act, for driving while suspended, there are several penalties that you may be given. For the first time you drive while your licence is suspended the judge can give you a maximum penalty of a fine of $5000 and six months in prison. The judge must give you a minimum fine of $1000, and your licence will be suspended for six months in addition to the time it is already under suspension.
If you are convicted a second time or more, the judge can fine you up to $5000 and can send you to prison for up to six months. The judge must give you a minimum fine of $2000. Also, your licence will be suspended for another six months in addition to the time it is already under suspension. If the suspension arose because you were convicted of a criminal code offence, the penalties are much more severe: from $5000 to $25,000 for a first offence, and from $10,000 to $50,000 for a subsequent one.
If you are charged under the Criminal Code with driving while disqualified, you could be sent to prison for two years and fined a maximum of $2000.
If you drive while your licence is suspended and you get into an accident, your insurance will probably not cover the cost of the damages, and you may be sued.
The penalties for driving while your licence is suspended can be serious. If you have been charged with driving while your licence is suspended you should consult a lawyer for assistance.
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