How to fight your Driving Under Suspension ticket

An Ontario driver’s licence is a very valuable document to possess. You should do everything in your power to maintain a clean driving record and retain your privilege.

Point Duty Traffic Court Defence and Legal Services has experienced Paralegals to assist you in the event that you should have your licence suspended or if you have been charged with driving while suspended or driving under suspension.

Very often, a suspension starts because a person forgets to pay a very minor speeding ticket. The consequence escalates when she/he takes a risk and drives while the licence is suspended. Your licence can be suspended for a host of reasons explained below.

Point Duty Traffic Court Defence & Legal Services have the knowledge, experience, and the resources to assist you in defending your charge against driving while suspended and also to restore or reinstate your licence.

What the Law says about Driving Under Suspension.

Driving while driver’s licence suspended
53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,
or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1).
Same
(1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,
(a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; and
(b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000, or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 7 (2). Subsequent offence
(2) Where a person who has previously been convicted of an offence under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b). R.S.O. 1990, c. H.8, s. 53 (2).
Same
(2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1.1) (b). 1998, c. 5, s. 25 (1).
Licence suspended
(3) The driver’s licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto. R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2).

Reasons for Drivers Licence Suspension

• Driving while your driver’s licence is suspended
• Unpaid Fines
• Convicted of an Offence that provides for a penalty of suspension
• Judgement
• Demerit points
• Medical suspension
• Alcohol related offences

Driving Under Suspension Ticket Penalties & Consequences

There are no demerit points associated to a conviction for driving with no insurances charges but the monetary penalties are severe:
• First conviction – minimum $1,000 fine + 25% surcharge = $1,250
• Second conviction – minimum $2,000 fine +25% surcharge = $2500
• Licence is suspended automatically for 6 months for each conviction
• Possibility of going to jail for up to 6 months
• The conviction is registered against you on your driving abstract and remains there for three years from the date of your conviction.
• Your insurance rates may increase as a result of the conviction as you become more risky to insure.
• You drivers licence may be suspended for a period of up to one year..

How we help you with your Driving Under Suspension ticket

Point Duty Traffic Court Defence & Legal Services provide legal services in Ontario. Our clients will receive professional representation and the confidence of our knowledge and experience. We have helped hundreds of people in similar situations and we work hard to have many charges dismissed entirely. Sometimes it is not possible to have all charges dismissed and we are capable of negotiating with prosecutors to achieve one or all of the following:
• Protect you from demerit points awarded against your license
• Negotiate against license suspension
• Agree to the lowest possible fine
• Keep you out of jail (in very rare cases)
Years of experience and in depth knowledge of the traffic laws allow us to maintain an impressive success rate. If you are facing a charge of driving under suspension or driving while suspended and you do not know what to do, don’t worry we do! Do not sit on your No Insurance ticket. Give us a call today for a free no obligation consultation. If you receive a ticket for driving under suspension or driving while suspended in Ontario, call us toll free at 1-866-647-6468. Alternatively, use our contact form for a free, no obligation consultation. We have the experience and resources necessary to help you minimize the consequences of a conviction of a speeding ticket. The impact of a conviction from a suspended driving conviction can be costly. We try to minimize that cost for you.
• We attend court on your behalf to file your ticket
• Order and review your disclosure
• Fight your ticket or negotiate a reduction on your behalf
• Our advice is to fight every ticket that you receive