Consequences of Driving With a Suspended Licence in Ontario

Understanding the Consequences of Driving with a Suspended Licence in Ontario

Driving with a suspended licence in Ontario is a serious legal offence—and while the term “suspended licence” does not appear in the Criminal Code of Canada, that doesn’t mean jail time is off the table.

Instead, the Criminal Code outlines related offences such as driving while prohibited or driving while disqualified, which may apply in cases involving criminal convictions. These terms are often confused with “driving while suspended,” but they carry different legal implications and should not be used interchangeably.

In Ontario, the offence of driving with a suspended licence falls under the Highway Traffic Act (HTA), which governs most provincial driving-related matters. The HTA outlines several scenarios in which a licence may be suspended—including unpaid fines, medical conditions, or convictions for impaired driving—and treats violations with escalating penalties.

Because there are multiple types of suspensions, it’s not always clear whether your case is regulatory or criminal in nature. Regardless of the reason, being charged with driving while suspended can lead to substantial fines, extended suspensions, vehicle impoundment, and even jail time in certain cases.

If you’ve been charged with driving under suspension in Ottawa, it’s crucial to understand your legal position—and to work with an experienced defence lawyer to protect your rights and avoid unnecessary consequences.

Under Section 53 of Ontario’s Highway Traffic Act (HTA), driving while your licence is suspended is treated as a serious offence—even for a first-time violation. If you’re caught operating a motor vehicle while suspended in Ottawa, you could face the following penalties:

• A minimum fine of $1,000, with fines increasing to up to $5,000 for suspensions related to alcohol or drug offences
• A mandatory six-month licence suspension, added on top of your existing suspension
• Up to six months in jail, even for a first conviction
• Significant increases in auto insurance rates due to being classified as a high-risk driver

These penalties reflect the government’s strict approach to suspended driving offences. A licence suspension is typically imposed for prior violations—such as unpaid fines, impaired driving, or demerit point accumulation—so violating the suspension is viewed as disregarding a legal order.

For repeat offenders, the penalties become even more severe. Second or subsequent convictions can lead to longer jail sentences, steeper fines, and further suspension extensions.

If you’re facing charges for driving on a suspended licence, it’s essential to seek legal guidance. A strong defence may reduce or eliminate these penalties—and in some cases, help demonstrate that you were unaware of the suspension or acted under mitigating circumstances.

In Ontario, there are several different types of driver’s licence suspensions, each with its own causes and consequences. Most suspensions fall under the authority of the Ministry of Transportation of Ontario (MTO) and are governed by the Highway Traffic Act. Understanding why your licence was suspended is essential to responding properly and avoiding further legal trouble.

Here are the five most common types of suspensions in Ottawa:

Suspension Due to Unpaid Fines

Failing to pay outstanding traffic fines—whether intentionally or unintentionally—is the most common reason for licence suspension. If you miss the deadline to pay a fine, your licence may be automatically suspended. The MTO will typically issue a written notice, but if you’ve recently moved or didn’t receive the letter, you may be unaware that your licence has been suspended.

Driving Under Suspension

If you’re caught operating a vehicle while already under suspension, the MTO can automatically extend your suspension—usually by an additional six months, even for a first offence. This is separate from any penalties imposed by the court and applies regardless of whether the initial suspension was for a criminal or administrative reason.

Discretionary Suspension by the Court

While some licence suspensions are mandatory, traffic courts (or Provincial Offences Courts in Ottawa) also have the discretion to suspend a licence for various driving offences. This type of suspension may be imposed based on the seriousness of the conduct or the driver’s prior record.

Suspension Due to Impaired Driving

If you’re charged with impaired driving—even if not yet convicted—Ontario law allows for an immediate 90-day administrative suspension. This applies if:

• You fail or refuse to provide a breath sample
• You are found over the legal blood alcohol or drug concentration limit
• You refuse to comply with roadside testing

The suspension is issued at the roadside and takes effect immediately.

Suspension for Failing to Meet Legal or Medical Requirements

If part of your sentencing includes completing certain requirements—such as attending an alcohol education program or counselling—and you fail to comply, your licence may be suspended. Additionally, the MTO can suspend your licence for medical reasons, such as failing to meet vision, mental health, or physical fitness standards, often based on a doctor’s report.

Because different suspension types carry different legal and financial implications, it’s critical to understand what kind of suspension you’re facing—and what steps are necessary to restore your licence. At Affordable Defence, we help drivers in Ottawa fight wrongful suspensions and work toward early reinstatement whenever possible.

If you’ve been charged with driving while your licence is suspended in Ontario, the first and most important step is to stop driving immediately. Continuing to drive—even if you believe the charge is unfair—can escalate the situation and significantly increase the penalties you face.

In many cases, drivers are unaware that their licence was suspended—often due to unpaid fines, missed notices, or administrative oversights. If your offence stems from a genuine mistake, it may be possible to raise this in mitigation, and the court could show some leniency. However, if you continue to drive after the charge, that sympathy will quickly disappear.

While jail time is uncommon for a first offence, repeat violations increase the likelihood of incarceration. That’s why it’s critical to speak with an experienced traffic defence lawyer who understands how to challenge suspension-related charges and minimise their impact on your record.

It’s also important to understand that your licence is not automatically reinstated at the end of the suspension period. You must:

• Confirm that the full suspension period has been served
• Pay any required reinstatement fees to the Ministry of Transportation of Ontario (MTO)
• Receive formal notice that your driving privileges have been restored

Until all of this is complete, you are still considered legally suspended.

At Affordable Defence, we help drivers in Ottawa navigate licence suspensions, challenge unfair charges, and guide them through the reinstatement process to get back on the road legally and safely.

If you’ve been charged with driving while suspended in Ottawa, it’s important to understand the legal process and act quickly to protect your rights. Your Provincial Offences ticket or summons will include a first appearance date, which is your opportunity to respond to the charge in court.

Here’s what to expect—and how to prepare:

• Arrive early on your court date to check in and avoid delays.
• Request your disclosure—this is the evidence the prosecution has against you, and it’s critical for understanding the nature and strength of the case.
• Decide how to plead: At your first appearance, you’ll need to enter a plea of guilty or not guilty. If you’re unsure, you can ask the court to adjourn the matter to review your disclosure and seek legal advice.
• Use the adjournment period to consult with a defence lawyer, review your disclosure in detail, and consider your best strategy—such as whether to negotiate a resolution or proceed to trial.

At your next court date (the adjournment hearing), the case may be resolved through a plea deal or proceed to a trial, depending on the circumstances.

Working with an experienced traffic defence lawyer ensures you understand your options and can make informed decisions to pursue the most favourable outcome.

We can help protect your rights and avoid the most serious consequences of a driving while suspended charge if you act quickly.

The lawyers at Affordable Defence in Ottawa are skilled at defending such charges and can represent you in traffic court to fight your ticket.  You may not even have to appear in court.

Contact us for a free case evaluation so that you can first understand your legal options.