The law on Driving while suspended in Ontario

Driving While Suspended - What the Law Says

Suspended Driving - Highway Traffic Act of Ontario section 53,1

Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a) for a first offence for driving while suspended, a fine of not less
than $1,000 and not more than $5,000; and


(b) for each subsequent offence for driving while suspended, 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.

Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under section 41 or 42, (Where the drivers licence was suspended due to a criminal offence e.g. impaired driving) even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable.

Where the Suspension is from a Drunk driving Conviction

     (1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway      while his or her driver's licence 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,
     (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.

     (2) Where a person who has previously been convicted of an offence under subsection (1) is      convicted of the same offence within five years after the date of the previous conviction, the      offence for which he or she is last convicted shall be deemed to be a subsequent offence for the      purpose of any penalty.

     (2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is      convicted of the same offence within five years after the date of the previous conviction, the      offence for which he or she is last convicted shall be deemed to be a subsequent offence for the      purpose of clause .

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