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Driving while suspended: What will happen to me with this additional charge?

In Ontario, one may lose their driving privileges for several reasons, resulting in a temporary licence suspension or possible licence ban. It is important to remember that in Ontario, driving is seen as a privilege and not a right in the eyes of the government, meaning they can suspend your licence for a number of reasons including.

  • Stunt Racing or speeding in excess of 50km/h over limit
  • Failure to pay fines or fees
  • Distracted driving
  • Failure of driving re-examinations
  • Violating any terms of a G1, G2, or conditional licence
  • Accumulating too many demerit points
  • Breathalyzer readings over 0.05mg/ml but under 0.08mg/ml
  • Driving while medically suspended

More severe in nature are the Criminal Code offences with regards to driving violations. If you receive a Criminal Code driving-related charge, you are looking at a minimum 1-year licence suspension in addition to various fines and secondary expenses. Criminal Code violations resulting in this type of a suspension include.

  • Operating a vehicle with a BAC over 80mg/100ml
  • Refusing to provide breath sample for alcohol
  • Refusing a breath test for roadside testing
  • Failing to remain at scene of an accident
  • Dangerous driving causing bodily harm or death
  • Failing to stop for police

The penalties for getting caught driving whilst on a suspended licence in Ontario are steep, especially if your offence involved a DUI-related suspension. If you are found guilty of driving on a suspended licence in Ontario, the potential penalties are as follows.

First Offence

  • Up to 6 months in jail
  • A fine between $1,000 and $5,000
  • Mandatory subsequent licence suspension of 6 months
  • Increases to vehicle insurance (around 100% increase)
  • Minimum $5,000 fine for cases involving criminal suspensions

Subsequent Offences

For subsequent offences your minimum fines and potential for jail time will increase accordingly. If you are caught driving while suspended a second time you will face a minimum fine of $2,000 for any case not involving a criminal violation, and minimum fines of $10,000 in cases that do. In addition, you are eligible for up to 6 months of jail time and more mandatory licence suspension time, usually for a period no less than 6 months.

As you can see, driving while suspended is a serious charge that can result in a tremendous cost to you if you are found guilty. The potential penalties only get worse if alcohol was involved in your original suspension and can prove just as (if not more) costly as the original offence itself.

If you have been charged with driving while under suspension in Ontario, our team of highly experienced traffic court paralegals and attorneys are here to discuss your case. If you reach out to any of our multiple offices in southern Ontario, we will be happy to discuss your case in a free 30-minute consultation explaining how Aitken Robertson can help you fight the charges.

Daniel Buchardt

Daniel Buchardt is a recent University of Guelph Marketing graduate, currently working as a contracted marketing manager with Aitken Robertson. Daniel started with the firm in the spring of 2018 at our Peterborough location, and specializes in social media management and marketing communications.

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