There can be times when people know what they are doing is wrong, but feel it’s worth the risk. This can include driving with a suspended licence. In Ontario, driving while suspended can come with some severe consequences you may not be aware of.
There are a few reasons your licence can be suspended, and it’s always vital to check if you are unsure. If you are thinking of driving with a suspended licence or have already done so, here is everything you need to know.
What Does It Mean to Have a Suspended Licence?
A licence suspension means your driving privileges have been temporarily withdrawn. This can be for a set number of days, or until you perform a certain action. That action is often financially based, such as paying a fine, but your licence can also be suspended for medical reasons.
Suspensions can happen for many reasons, but here are the most common:
- Gaining 15+ demerit points
- Failing to pay fines or fees
- Failure to pay child support
- You are medically unfit
- Impaired or dangerous driving
- Other types of driving offences
- Driving without insurance
- Automatic suspension for failure or refusal of a breath test
Why People Drive with a Suspended Licence
For many people, driving is the ultimate convenience. Whether heading to work or going to the shops, it can save a huge amount of time and effort. Many often underestimate the risk of driving with a suspended licence or assume they won’t get caught.
Some suspensions don’t last that long. For example, getting too many demerit points can lead to a 30-day suspension. Here, some may feel the short time reduces their risk. Others may feel that even if they are caught, the repercussions won’t be too bad.
There may also be a misguided belief, and you may be able to plead ignorance. Here, you may say you didn’t know your licence had been suspended. However, ignorance is not a legal defence in these situations and intent is not considered.
Legal Consequences of Driving with a Suspended Licence
There are several legal avenues open to the courts after the case goes to trial. The seriousness of the penalty will often depend on the original reasons for the suspension and whether it was your first offence. Here’s what you face for a first-time offence:
- A fine of between $1,000 and $5,000
- Up to 6 months imprisonment
- Extended suspension
- Vehicle impoundment
For subsequent offences, you may face a fine of between $2,000 and $5,000. The rest of the potential punishments are similar. However, it’s much more likely you will receive the higher end of these penalties compared to a first offence.
These are penalties under the Highway Traffic Act (HTA). If your licence was suspended due to a Criminal Code offence, such as impaired driving, the consequences can be even more severe. A fine of up to $25,000 is available, and a jail term of up to five years.
Related Article: https://www.agpllp.ca/the-process-of-a-criminal-trial-in-ottawa/
Impact on Insurance
The impact of driving while suspended can go beyond legal penalties. It will also have an impact on your auto insurance. Companies will see you as much more of a liability if you are convicted, which usually comes with a drastic increase in premiums.
It may be in your policy that the insurer can cancel it, or they may not offer you a renewal. This can then be followed by a struggle to find any company willing to insure you. Even if you do, you may need to turn to a high-risk provider.
Why You Shouldn’t Risk It
The incorrect assumption is that driving while suspended is a minor infraction. The reality is that it’s a serious offence that can have lasting consequences. Jail time is possible, but even if you avoid custody, you will likely face severe financial penalties, along with vehicle impoundment and sky-high insurance rates.
Taking alternatives such as public transport and carpooling may seem like an inconvenience. However, they don’t compare to the inconvenience of getting caught driving illegally. It will just compound the original mistake of getting your license suspended in the first place.
Why Seeking Legal Help is Important
The legal defences for driving while suspended are limited. However, that doesn’t mean you shouldn’t hire a lawyer. An experienced driving offence lawyer can highlight mitigating factors, such as improper notification, emergencies, or misunderstandings.
While these are usually not enough for a full defence, they can have a significant impact on sentencing. A strong argument can be the difference between receiving the minimum fine or time behind bars.
Having expert legal advice will help guide you through the process and let you know what to expect. Even if you feel your guilt is beyond doubt, there are still many other factors at play. It’s always vital that any legal case is handled in the right way.
Related Article: https://www.agpllp.ca/how-to-choose-a-criminal-defence-lawyer-in-ottawa/
Final Thoughts
If your driver’s licence has been suspended, you need to stay off the road. Here we wanted to inform you of the risks, and as you can see, they are severe. A conviction can be hugely damaging to both your personal and private life.
If you have been caught, then seek legal advice immediately. There may be circumstances around your case which can lessen your punishment. Contact AGP LLP today, and we’ll be happy to see how we can help with your legal needs.
