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A Driving Under Suspension charge in Ontario can be scary.  For most people, the thought of losing their drivers license for an additional 6 months could be devastating.  

Think of the all the life tasks that are associated with driving?



- Work

- Family

- Meetings

- School



Enough said?  Now, many clients get this charge and don't even know their license was suspended.  The main reason licenses get suspended are the following:



- Failure to pay fines from any traffic tickets

- Failure to pay child support (FRO)

- Medical suspensions

- Previous convictions of driving offences

- Other various reasons



What happens when I get to court?

You can read my other articles on the court process, but to sum up, you will check in with the prosecutor.  Many people charged with Drive Under Suspension, try to tell their story, or their reasoning why their license was suspended, to the prosecutor.  However, the MINIMUM fine for this charge, is the $1,000 and 6-months automatic suspension of your driver's license.  Depending on your driving history, age, current circumstances, the prosecutor has the right to ask for more serious penalties, including, but not limited to, higher fines and potential jail time.

How can I fight the charge?

If you believe you are innocent of the charge, or there was a mistake, this would mean that you actually had a valid driver's license in the moment the officer pulled over your car.  This doesn’t mean that you had it the day before, or got a valid license 2 hours after.  You actually needed to be licensed when the charge was issued.

If you actually DID have a valid license and there was an error, the prosecutor would require proof of a valid license at the time of the offence.  This would result in the charge being withdrawn.

5 Steps to fighting a Drive Suspend ticket in Ontario (2020)

 



- Step #1: Make sure you immediately correct the issue and pay your fines and reinstate your driver's license

- Step #2: Get to court early on your Drive Suspend first appearance date on your ticket

- Step #3: Get a copy of your disclosure (evidence) so you can understand what you are fighting

- Step #4: Decide if you would like to plead, adjourn the date to review your options or set a trial date

- Step #5: If you adjourn your date, understand your legal options and review your disclosure

- Step #6: Appear again on your adjournment date and repeat from Step #4



I had a small fine from an unpaid ticket, and now I risk losing my license?

Unfortunately, the law is clear in this respect.  You were driving a car, on that particular day, and you were no licensed.  This does not mean that the charge cannot be fought or mitigated.  But it is always best to consult a legal representative, because you have a 6 month suspension on the line, and that could cost you your livelihood.

Can I fight the charge at trial?

Sure.  You have the right to challenge any charges against you.  But your defence would have to fall in line with the fact that you actually had a valid license when you were pulled over by the officer.  Any other argument would not necessarily address the actual charge.

So how can I possibly “fight” the charge

Get legal help.  If you actually were not licensed, you may not be there to fight the actual “charge”, but rather, you need to fight the “penalty”, which is the $1,000+, suspension and possible jail.  This is where a legal representative can lay out strategy and options to minimize the damage that may result from these high fines.

https://youtu.be/yS0neKGxNhs https://www.nextlaw.ca/2020/10/06/how-to-fight-driving-under-suspension/

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