Traffic Tickets

Driving While Suspended - Driving While Disqualified

Driving while Suspended is the Provincial Statue (traffic ticket) charge and Driving while Disqualified is the criminal charge under the Criminal Code of Canada


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,

     (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.

Driving While Suspended - Synopsis

As driving a motor vehicle in Ontario is considered a privilege the Courts and/or the Ministry of Transportation of Ontario may suspend a driver’s licence for any violations of the statues of Ontario.

The penalty for driving while suspended under the Highway Traffic Act of Ontario is a one thousand (1000) dollar fine, and an additional six (6) month licence suspension for a first offence.

For any conviction for driving while suspended the prosecutor may ask for up to six months in jail, but this is unusual for a first conviction.


Types of Licence Suspensions

Unpaid fines – Licence Suspension

If a fine has not been paid pass the time allowed by the court the court will notify the Ministry of Transportation that the fine is in default (not paid). The Ministry of Transportation will suspend the drivers licence as a result of the unpaid fine.

The drivers licence will remain suspended until the fine has been paid and the court notifies the Ministry of Transportation of the payment. The driver will be required to pay the fine plus any late fee as well the driver must pay a drivers licence reinstatement fee of one hundred and fifty ($150.00).

Driver's Licence Reinstatements

If the drivers licence has been suspended due to the non payment of fines, and the driver is unable to pay the total cost of the fines the driver may enter into a "payment plan" to have the suspended driver's licence reinstated.

An application must be made to the specific traffic court that holds the unpaid fine asking for a "motion to extend the time in which to pay a fine". The court will consider any application allowing the extension of time to pay on the merits of the applicant. The applicant should or have been making payments towards the fine.

The court in considering the application will review the following;

        1. The length of time the fine has been unpaid.
        2. What efforts the applicant has made to pay the fine.
        3. What amount the applicant has paid towards the fine.
        4. The financial means of the applicant to pay the outstanding fine to the court.
        5. Any other issues that the Justice of the Peace may consider relevant.

In applying for a licence reinstatement by way of a "motion to extend the time to pay a fine" drivers are best to contact OTT Legal Services at 1-888-668-8946 to be properly represented and prepare the motion to court.

The application must be heard before a Justice of the Peace. The Justice will review the application presented by by your agent from OTT thereby giving you the the best opportunity to have the driving suspension lifted from their licence.

The courts expect for a licence reinstatement or payment plan the driver to pay a minimum of 10% towards the fine before a licence suspension would be granted.

The agents of OTT offer free consultation on any licence suspension issue and can be contacted at 1-888-668-8946 to discuss a drivers licence issue in detail.

Demerit Points – Licence Suspension

Depending upon the class of drivers licence the Ministry of Transportation of Ontario may suspend a driver’s licence for the accumulation of demerit points.  G1 and G2 Licence holders are subject to a review and possible suspension at six demerit points. There will be a mandatory thirty day licence suspension for a G1 or G2 licence holder upon the accumulation of nine demerit points.

If the licence holder accumulates six demerit points a second time the suspension will be for six months.

Class G licence holders may accumulate nine demerit points whereupon drivers will receive a notice from the Ministry of Transport requiring them to attend at the ministry offices to explain why they have received the demerit points and why the driver should not have their drivers licence suspended.

Upon accumulating fifteen demerit points drivers will receive an automatic thirty day driver’s licence suspension. 

Upon completion of the thirty day suspension the drivers demerit point accumulation will be reduced. Subsequent accumulations of fifteen demerit points will result in a drivers licence suspension of six months.


Driving While under Suspension
Should a driver be caught driving by the police while their licence is under suspension, for the offence of Driving while Suspended the driver may be immediately arrested and detained by the police.

The officer may seize the motor vehicle pending the outcome of the trial. At trial the Justice of the peace and prosecution will be considering a period of custody as well as any fine.


Driving While Disqualified
Driving while Disqualified is the criminal offence of driving while suspended against the Criminal Code of Canada. A driver will be disqualified from driving as a result of a criminal driving offence e.g. impaired driving, dangerous driving, criminal neglience.

The accused is under a crminal court ordered suspension or prohibition not to drive a motor vehicle anywhere in Canada.  The prohibition includes any motor vehicle powered by any type of engine, including electrical.  This licence suspension includes tractors, heavy equipment or machinery operated anywhere in Canada including on private property.

If found driving the accused will be arresting and be required to appear in court before a Provincial Court Judge.

The penalty for this offence is a period of custody as the court will view the offence as one where the accused disobeyed a judge’s order.

Ontario Traffic Tickets has qualified criminal court agents and criminal lawyers who specialize in these types of charges available for free consultations.


Drive while Suspended - Speeding more than 50km/h / Racing / Stunt Driving
On the 1st of October 2007 the Ontario Government enacted tough new speeding laws for speeding more than 50km/h. This law under Bill 203, the Safer Roads for a Safer Ontario Act has the following penalties;

Bill 203 falls under section 172 of the Ontario Highway Traffic Act;

172. (1) Racing, stunts, etc., prohibited No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt on on a bet or wager.

(2) Offence - Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less that $2,000 and not more that $10,000 or to imprisonment for a term of not more that six months, or to both, and in addition his or her driver's licence may be suspended,

     (a) on a first conviction under this section, for not more that two years; or
     (b) on a subsequent conviction under this section, for not more than 10 years.

(5) Police to require surrender of driver's licence, detention of motor vehicle - Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1) the officer shall,

     (a) request that the person surrender his or her driver's licence; and
     (b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7)(b).


(6) Administrative seven-day licence suspension - Upon a request being made under clause (5)(a), the person to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and,whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended for a period of seven days from the time the request is made.

 

Drive While Suspended - Ontario Highway Traffic Act -What the Law Says


Driving while driver's licence suspended
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 there under is guilty of an offence and on conviction is liable,
     (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.


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.

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

 

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