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AJ Murray Legal Services P.C. Blog

  • Writer's pictureJoey Clavette

Driving While Suspended – Section 53 of the Highway Traffic Act

In Ontario, driving is viewed as a privilege rather than a right. For that reason, legislative instruments are available for law enforcement to remove one's ability to drive, known as a license suspension.

Understanding the charge:

You may be aware that your license was suspended because it happened while the police towed your car away—or you may not have noticed because you changed your address and didn’t get the notice in the mail. There are several reasons for getting your license suspended and the approach to remedy the situation should, therefore, be different depending on the circumstance.

For instance, if your license was suspended because you failed to pay a fine, you might not realize that you can pay that fine and have your license reinstated without needing to sort out your Drive While Suspended ticket. However, if your license was suspended due to a serious driving infraction, you must appeal the suspension before you can drive again.

Understanding the consequences of a Drive While Suspended conviction:

If you were charged with Driving While Suspended, you won’t find a fine amount on your ticket, but you will receive a summons to court. The minimum fine for a first offence is $1000, but you can be fined up to $5000. For a subsequent offence, the minimum is $2000, and in either case you are looking at the possibility of 6 months jail time as well. This is a serious offence.

Being a serious offense, you need to take more than just your fine into account. A conviction of Driving While Suspended is the kind of infraction that leads insurance companies to double your rates. This rate increase will last for at least three years. Your insurance hike, therefore, will likely be triple your fine.

Another consequence of conviction is that your license will be suspended again for six months. So, be prepared to take a taxi or the bus.

One thing to note is that a Driving While Suspended conviction will not affect your demerit points.

Legal representation: the cost-effective solution:

When you add it up, a conviction for Driving While Suspended is likely to cost you over $4000 in the end, and that is not to mention how a blot on your driving record might affect you in several other ways. That is why it is cost-effective to hire a legal professional who has done this before so they can help you navigate your legal options and come to the optimal solution.

About the Author

Joey Clavette

Licensed Paralegal and Notary Public

AJ Murray Legal Services P.C


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