Driving under suspension in Ontario is not just a minor traffic infraction – it’s a serious offence that can lead to hefty fines, vehicle impoundment, extended suspension periods, and even jail time. Whether your license was suspended due to unpaid fines, demerit points, impaired driving, or missed insurance payments, the consequences of getting caught behind the wheel are severe.
In this article, we’ll break down the legal definition of driving under suspension in Ontario, the penalties, how it affects your insurance, and why it’s crucial to avoid or fight this offence. We’ll also look at what you can do if you’ve been charged, and how to get your license reinstated legally.
Caught Driving Under Suspension in Ontario? Here’s Why That’s a Big Deal
Think driving with a suspended license in Ontario is just another traffic ticket? Think again. Under Ontario’s Highway Traffic Act, driving under suspension is a serious offence that comes with some very real consequences – including fines up to $5,000, mandatory license suspension extensions, vehicle impoundment, and even jail time.
Whether your license was suspended because of unpaid fines, too many demerit points, or a lapse in insurance, getting caught behind the wheel can make a bad situation much, much worse. And here’s the kicker: you can be charged even if you didn’t know your license was suspended.
A conviction doesn’t just affect your driving record – it also hits your wallet. Most insurers view driving under suspension as a major violation, on par with DUI. That means sky-high premiums, cancellation of your current policy, or being forced into high-risk insurance that costs a fortune.
Driving Under Suspension in Ontario: What You Need to Know (Before It’s Too Late)
But here’s the good news: you have options. With the help of a traffic ticket paralegal or lawyer, many drivers have successfully fought the charge, avoided jail time, reduced fines, and protected their insurance. Before you plead guilty or assume all is lost, read our full blog post. We break down:
- What counts as driving under suspension
- The penalties you could face
- How it affects your insurance
- Legal defenses and why you should fight the charge
- Steps to reinstate your license the right way
Don’t risk your freedom or finances. Know your rights—and fight smart.
What Does “Driving Under Suspension” Mean in Ontario?
Under Section 53 of the Ontario Highway Traffic Act (HTA), driving under suspension means operating a motor vehicle while your driver’s license has been suspended by the Ministry of Transportation.
Reasons your license may be suspended in Ontario include:
- Unpaid traffic tickets or fines
- Accumulation of too many demerit points
- An impaired driving conviction
- Driving without insurance
- Failing to attend court
- Medical conditions affecting your fitness to drive
- Administrative suspensions (e.g., roadside license suspensions)
Whether or not you were aware of the suspension, driving while suspended is still considered a strict liability offence – which means intent doesn’t matter. If you’re caught driving under suspension in Ontario, you can be convicted whether or not you knew your license was suspended.
Penalties for Driving Under Suspension in Ontario
The consequences for driving under suspension in Ontario are much harsher than a typical traffic ticket. Here’s what you could be facing:
For a First Offence:
- A fine of $1,000 to $5,000
- A mandatory six-month license suspension extension
- A possible jail sentence of up to 6 months
- Court costs and administrative fees
- Vehicle impoundment for 7 days
For a Second or Subsequent Offence:
- A fine of $2,000 to $5,000
- A further six-month suspension
- A mandatory jail term of up to 6 months
- Vehicle impoundment and towing/storage costs
These penalties are in addition to any original penalties that caused your suspension in the first place. The offense also becomes part of your driving record and can have devastating consequences for insurance and employment.
How Driving Under Suspension Affects Your Insurance
Getting convicted of driving while suspended is a huge red flag to insurance companies. It’s classified as a major conviction – similar to a DUI or dangerous driving. Here’s what can happen:
- You may be denied renewal of your existing policy
- You may be classified as a high-risk driver
- Your premiums could triple or quadruple
- You may need to seek coverage through facility insurance (which is extremely expensive)
Some insurers may even refuse to cover you altogether, leaving you with few options besides paying exorbitant rates just to stay on the road legally.
Common Reasons People Drive While Suspended
Many Ontario drivers charged with driving under suspension didn’t even realize their license was suspended – or they assumed it had been reinstated. Here are a few common scenarios:
- Unpaid Tickets: A driver fails to pay a traffic ticket on time, and the MTO suspends the license without notice (or the driver misses the letter).
- Missed Court Date: Failing to appear in court or respond to a ticket can result in an automatic suspension.
- Insurance Lapse: If your auto insurance lapses or is cancelled, your license may be suspended.
- Medical Issues: In some cases, medical professionals report conditions that lead to a license suspension.
- Overlooked Reinstatement Fees: Even after a suspension ends, you must pay a $281 license reinstatement fee to legally drive again.
If you’re unsure about your license status, you can check it online at ServiceOntario.
What to Do If You’re Charged With Driving Under Suspension in Ontario
If you’ve been charged, don’t panic – but don’t ignore it either. Here are the steps to take:
1.
Get Legal Advice Immediately
Driving under suspension is not a ticket you want to pay without a fight. Speak to a traffic ticket lawyer or licensed paralegal in Ontario who specializes in Highway Traffic Act offences. They can help you understand your case and determine if there’s a valid defense.
2.
Request Disclosure
If you plead not guilty, request disclosure from the prosecution. This includes police notes, suspension records, and other evidence being used against you.
3.
Consider Legal Defenses
Possible legal defenses may include:
- You were not the driver
- You were not properly notified of the suspension
- Your license had been reinstated, but the Ministry had not updated the system
- Incorrect information in MTO records
A qualified paralegal or lawyer can assess whether you have a valid case or if it’s possible to negotiate for a lesser charge (such as driving without a valid license).
Why You Should Fight a Driving Under Suspension Charge
Fighting a driving under suspension charge in Ontario is almost always worth it. Here’s why:
- Avoid mandatory jail time (especially for repeat offences)
- Prevent another license suspension
- Reduce or eliminate the fine
- Protect your insurance premiums
- Avoid a permanent conviction on your record
Even if you’re found guilty, your legal representative may be able to negotiate a reduced penalty or lesser offence, saving you thousands in future insurance premiums.
How to Reinstate Your Suspended License in Ontario
To legally drive again in Ontario after a suspension, you must:
- Wait out the full suspension period (including any extensions from new charges)
- Pay the license reinstatement fee (currently $281)
- Ensure all fines, penalties, or court orders are satisfied
- Get clearance from your insurance company, if your suspension was related to coverage
Once your status is updated, you can check online or contact ServiceOntario to confirm you’re legally allowed to drive.
Keep in Mind: Driving Under Suspension in Ontario Is Never Worth the Risk
Driving under suspension in Ontario can cost you much more than just a fine. From court convictions and license suspensions to skyrocketing insurance premiums and potential jail time, the consequences are steep. In many cases, the reason behind the suspension could have been resolved with a phone call, a payment, or legal advice.
If you’ve already been charged, don’t just plead guilty – fight the charge with help from a legal expert. Your future freedom, finances, and driving privileges depend on it.
