i.
What the charge means
Driving a motor vehicle while a licence is suspended under any provincial or federal authority. Knowledge of the suspension is presumed but rebuttable.
Highway Traffic Act s.53
Drive Suspended charges in Hamilton, Ontario.
Driving while your licence is suspended — significant minimum fines, vehicle impoundment, and possible imprisonment. Knowledge of the suspension is the key issue.
- Courthouse
- Hamilton Provincial Offences Court
- Court Phone
- (905) 546-2424
- Consultation
- Free & Confidential
ii.
Penalties
Minimum fine $1,000 (first offence); up to $5,000; 6 months imprisonment; additional suspension; vehicle impoundment.
iii.
Available defences
- Knowledge of suspension (notice issues)
- Identification
- Charter — unlawful stop
- Defective notice from MTO
iv.
The process
Disclosure, MTO record review, and resolution. Often resolved by demonstrating lack of effective notice of suspension.
v.
Notes for Hamilton
Hamilton serves Hamilton, Ancaster, Dundas, Stoney Creek, and Flamborough. Summary criminal matters proceed at the John Sopinka Courthouse; HTA and POA matters at the Main Street East Provincial Offences court.
Hamilton Provincial Offences Court
50 Main Street East, Hamilton, ON L8N 1E7
(905) 546-2424
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