While the steep monetary fine imposed for a “driving under suspension” conviction may differ from case to case, all cases will and shall result in a further, statutorily prescribed, Ontario  Driver’s Licence Suspension. In the most severe cases, or for repeat offenders, a custodial jail sentence may also be imposed by the court.

The offence of driving under suspension has a rather straight-forward definition and receives its enforcement power from section 53(1) of the Ontario Highway Traffic Act. Ontario drivers caught driving while their licence has been suspended by an act of either legislature or regulations will receive a summons to court and penalties may vary depending on first or subsequent offence classification, or if a suspension was related to alcohol.

Due to the serious nature of this offence, those who receive a summons to attend court must attend in order to deal with this particular allegation.  While serious, the offence is classified as one of strict liability and is defensible by way of a reasonable mistaken fact, due diligence, or officially induced error argument.

Court-imposed penalties for driving under suspension are as follows:

Due to the mandatory 6 month Ontario Driver’s Licence Suspension as prescribed by the Highway Traffic Act, a conviction does not carry a further penalty of the acquisition of Ontario demerit points.  However, conviction may result on drastic insurance consequences or loss of coverage.

Due to its classification of being an offence of strict liability, M. Cardy Legal Services has successfully argued the following defences to a driving under suspension allegation:

• Reasonable Mistaken Belief/Fact
• Due Diligence
• Officially Induced Error