Driving with a suspended license in Ontario is known in the court system as Driving While Disqualified and is identified in the Criminal Code of Canada as a federal crime.
A driving suspension may have occurred from a previous charge of:
- Impaired driving, or refusing to give a breath sample
- Dangerous driving/ stunt driving /exceeding 50km per hour over limit
- Fleeing the scene of an accident (hit & run)
- Fleeing police
- Exceeding 15 demerit points on a licence
- Failure to pay parking fees, speeding tickets or other fines
You Cannot Drive Any Motor Vehicle While Your Licence Is Under Suspension
While under suspension, an individual is prohibited from operating any motorized vehicle anywhere in Canada. This includes any vehicle that has a gas or electrically powered engine, such as a car, truck, bus, motorcycle, tractor, taxi, trailer, motorcycle, snowmobile, aircraft, vessel, railway, or even heavy equipment or machinery, whether in public or on private property.
If someone is caught driving with a suspended license, they can be arrested, charged, and held in custody, with the operated vehicle being impounded. The individual may be required to appear in a Provincial Court before a judge, to have what is called a “show cause hearing” before they can be released from custody.
As the accused disobeyed a judges order, which is considered a serious offence, the penalty may result in a period of time incarcerated in prison for up to two (2) years, and a criminal record. Other penalties could involve another year suspension and fines up to $2000.
The Criminal Code of Canada Regarding Driving Suspended States:
259(4) Operation while disqualified
(4) Every one who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
259(5) Definition of “disqualification”
(5) For the purposes of this section, “disqualification” means
(a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered pursuant to subsection (1) or (2); or (b) a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed
(i) in the case of a motor vehicle, under the law of a province, or
(ii) in the case of a vessel or an aircraft, under an Act of Parliament, in respect of a conviction or discharge under section 736 of any offence referred to in subsection (1) or (2).
As a Suspended Driving charge is not just considered a motor vehicle infraction, but a crime, this will gain you a criminal record, also causing your insurance rates to skyrocket if not your policy revoked altogether. This being the case, you have a lot more riding on the outcome of a trial. Attempting to defend yourself without the experience and solid knowledge of the laws regarding could leave you in a precarious and restrictive situation.
Our law team of Bruce Karten & Stephen Hebscher have over 60+ years of experience in acquiring reduced charges, acquittals & settlements that can work to achieve a favourable outcome. Speak to one of our lawyers to set up a free consultation. We have been able to assist countless individuals with overcoming a suspended driving conviction and acquiring licence reinstatements quicker in Toronto, and are available to assist you 24/7. See what our other clients are saying about us. We can help you too!