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Operation While Prohibited

Every province, including Ontario, is committed to ensuring road safety. As a result, drivers found guilty of traffic violations may face suspension or revocation of their driving licenses. The Highway Traffic Act clearly states that it is illegal for drivers to operate a vehicle with a suspended license until it is reinstated. Violators risk imprisonment for up to six months.

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What are the consequences of driving with a suspended license?

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If you drive while your license is suspended, you could be summoned to court under section 53 of the Highway Traffic Act in Ontario, facing significant penalties. This occurs when you operate a vehicle while your license is either disqualified or prohibited following a court-ordered suspension due to unpaid fines or other provincial or criminal offenses. This suspension serves as a punitive measure.

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The license can be suspended administratively or through a court order that specifically prohibits you from driving for a determined period.

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Additionally, police have the technology to scan and identify vehicles registered to drivers with suspended licenses.

Common causes for license suspension in Ontario include:

  • Criminal convictions for driving offenses such as impaired or dangerous driving;

  • Medical suspensions;

  • Immediate suspension for any detected blood alcohol in young or novice drivers;

  • Unpaid fines;

  • Failure to appear in court;

  • Accumulating too many demerit points;

  • Careless driving.
     

The suspension might be implemented by the Ontario Ministry of Transportation, by police, or due to Criminal Code violations.

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Penalties for driving with a suspended license in Ontario include:

  • An automatic six-month suspension;

  • A minimum fine of $1,000 up to $5,000 for a first offense;

  • Fines ranging from $2,000 to $5,000 for subsequent offenses;

  • Possible imprisonment for up to six months, or both fines and imprisonment.
     

Driving with a suspended license is a serious offense that leads to substantial fines and mandatory imprisonment if convicted under a Criminal Code offense. Additionally, while no demerit points are assigned for this conviction, insurance rates may increase by at least 50% for the next six years.

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Note that a conviction for driving with a suspended license will permanently remain on your driving record, escalating penalties for any future offenses.

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What should you do if charged with driving while prohibited in Ontario?

  • Cease driving immediately.

  • Contact the nearest Service Ontario office or the Ministry of Transportation to inquire about reinstating your license.

  • Prepare for your court appearance and be ready to demonstrate that your license has been reinstated, which may allow for your charge to be reduced to a lesser offense with less severe consequences for future insurance costs, or prepare for a trial.

  • Given that this is considered a strict liability offense, you'll have the chance to present a defense. If you can convincingly argue that you were unaware of the suspension, you may be acquitted.

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Fighting a driving while suspended charge is complex and challenging, requiring both strategic planning and legal expertise. To avoid severe penalties and save on costs, it's advisable to seek legal help immediately after being charged.

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