The law on Driving while suspended in Ontario

Drive While Suspended - Ontario Highway Traffic Act
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 Suspension for 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 .

Licence suspended for further period

(3) The driver's licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto.

Highway Traffic Act - Section 55.1

     (2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied      that a person was driving a motor vehicle on a highway while his or her driver's licence is under      suspension under section 41, 42 or 43, even if it is under suspension at the same time for any      other reason, the officer shall,
          (a) notify the Registrar of the fact or cause the Registrar to be notified; and
          (b) detain the motor vehicle that was being driven by the person whose driver's licence is under suspension until the Registrar issues an order under subsection (3).

Order to impound or release
     (3) Upon notification under subsection (2), the Registrar may, without a hearing, issue an order to      release the motor vehicle or issue an order to impound the motor vehicle that was being driven by      the driver whose driver's licence is under suspension, as follows:
          (a) For 45 days, if an order to impound under this section has not previously been made, within           a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle           currently being impounded.
          (b) For 90 days, if one order to impound under this section has previously been made, within a           prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle           currently being impounded.
          (c) For 180 days, if more than one order to impound under this section has previously been           made, within a prescribed period, with respect to any motor vehicle then owned by the owner           of the vehicle currently being impounded.

Intent of order to impound
     (4) The order to impound issued under this section is intended to promote compliance with this Act      and to thereby safeguard the public and does not constitute an alternative to any proceeding or      penalty arising from the same circumstances or around the same time.

More information on Licence Suspensions

For more information or for help with any drive under suspension or licence reinstatement please call OTT Legal Services at 1-888-668-8946.