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 Welland, Ontario.
Driving while your licence is suspended — significant minimum fines, vehicle impoundment, and possible imprisonment. Knowledge of the suspension is the key issue.
- Courthouse
- Niagara Region Provincial Offences Court
- Court Phone
- (905) 687-6590
- 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 Welland
Welland criminal matters are heard at the Welland Courthouse on East Main Street. Provincial offences from all twelve Niagara municipalities are heard at the Niagara Region POA court, further along the same street.
Traffic / POA Court
Niagara Region Provincial Offences Court
445 East Main Street, Welland, ON L3B 3X7
(905) 687-6590
All Niagara Region provincial offences — Welland, St. Catharines, Niagara Falls, Fort Erie, Port Colborne, Thorold, Grimsby, Lincoln, Pelham, Wainfleet, West Lincoln and Niagara-on-the-Lake. Niagara runs a single POA courthouse for the region.
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