Traffic Court Specialists - Driving Under Suspension

Driving Under Suspension

This particular charge is unique in nature because the crown’s obligation to prove intent is not required.

The crown requires only to establish through Certified Ministry of Transportation Documentation that the license to drive a motor vehicle belonging to the defendant was suspended along with a copy of the suspension notice which was served on the defendant via regular mail. The law which applies to this charge is one of strict liability and allows for a due diligence defence. If the defence is prepared properly the Traffic Court Specialists can assure a successful outcome. If you have been summonsed and you are required to appear in court contact us immediately. If you are convicted under section 53 of the H.T.A. your license to drive a motor vehicle will be suspended for a period of six (6) months after your court date. In some cases for repeat offenders the chance of being imprisoned for up to six months is highly likely.

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Extract from the Highway Traffic Act Section. 53

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 thereunder 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.  R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1).
Same
      (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.  1997, c. 12, s. 7 (2).
Subsequent offence
      (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 clause (1) (b).  R.S.O. 1990, c. H.8, s. 53 (2).
Same
      (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 (1.1) (b).  1998, c. 5, s. 25 (1).
Licence suspended
      (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.  R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2).