Skip to main content


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  This would result in the charge being withdrawn.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/

Comments

Post a Comment

Popular posts from this blog

Why Office Location is Irrelevant When Choosing Ontario's Best Stunt Driving Lawyer When facing stunt driving charges under Section 172(1) of Ontario's Highway Traffic Act, many defendants make a critical error that could compromise their defence: choosing legal representation based solely on proximity to their courthouse. Jon Cohen, legal representative at Nextlaw—Ontario's leading stunt driving lawyer—explains why this geography-based approach is not only outdated but potentially harmful to your case outcome. The Virtual Court Revolution Changed Everything Since 2021, Ontario's court system has undergone a fundamental transformation that most defendants don't realize. Court appearances for legal representatives are now conducted one hundred percent online across all fifty-two Provincial Offences Courts in Ontario. This shift to virtual proceedings means that whether Nextlaw operates from its Toronto office at 250 University Avenue or any other location in On...
Post a Comment
Read more
Challenging a distracted driving charge in Ontario is not a lost cause. With the right strategies, you can successfully defend yourself. Here are the most effective defences that have brought relief to many facing these charges. 1. Insufficient Evidence Officer's Observations The prosecution must prove that you were using a prohibited device while driving. The officer's testimony must be clear and consistent about what they observed. If there are gaps or inconsistencies in their observations, this can create reasonable doubt about your guilt. 2. Emergency Situation Defence Legitimate Emergencies Ontario law recognizes exceptions for emergencies. If you can demonstrate that you were using your device to: - Call 911 - Contact emergency medical services - Respond to a genuine emergency This defence can be valid, though you must provide concrete evidence to support your claim. 3. Technical Device Defence Device Status and Mounting This defence focuses on...
Post a Comment
Read more
Distracted driving has become one of the most significant road safety issues in Ontario and across Canada in recent years. To address this growing problem, the Ontario government introduced Section 78(1) of the Highway Traffic Act, which prohibits using hand-held devices while driving. This article provides a detailed overview of Section 78(1), its implications for drivers, and its impact on road safety in Ontario. Background and Context With the proliferation of smartphones and other mobile devices, distracted driving emerged as a significant concern. Studies have shown that using a phone while driving significantly increases the risk of accidents. In response, Ontario first banned hand-held devices while driving in 2009. Section 78(1) was later introduced to strengthen and clarify these laws. Key Provisions of Section 78(1) - Section 78(1) of the Highway Traffic Act states: "No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless co...
Post a Comment
Read more