Every province and territory in Canada has its own legislation that deals with traffic offences. In Ontario, this legislation is known as the Ontario Highway Traffic Act (the “Act”). The offence of driving a motor vehicle while your licence is suspended can be found in subsection 53(1) of the Act, and it is one of the most serious offences that can be found in the Act. The penalty that the prosecution can seek upon conviction is a minimum fine of $1,000 for the first conviction, a minimum $2,000 for the second conviction, probation period, and up to 6 months in jail. In addition, upon conviction for driving under suspension, regardless of your previous driving record, your driver’s licence will be suspended for further 6 months.
The monetary fines, as well as the mandatory licence suspension, can have a detrimental impact not only on your ability to drive in the future, but also on your employment and your subsequent insurance premiums. Insurance companies rely on your driving record as part of their risk assessment, and having a conviction for driving under suspension can skyrocket your premiums. In some situations, insurance companies can even deny you coverage based on your driving record.
The offence of driving under suspension is known as a strict liability offence, meaning that a person who is charged under subsection 53(1) of the Act might have a defence in law, known as ‘due diligence defence’. It is always better to contact an experienced lawyer in order to assess your case and obtain legal advice.
Lawyers at Bykov Law have the necessary experience and a proven track record of defending clients who are charged with driving under suspension. At Bykov Law, we take every case seriously and ensure that the rights of our clients are protected. Do not jeopardize your future and your ability to drive. If you are facing charges of driving under suspension, call us and schedule your appointment.
