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Is driving under suspension a criminal offence?

The answer is no, it's not a criminal offence.

But there are 5 really important things you need to know about this charge and the potential for jail.  

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1/ Driving under suspension is not a criminal offence in Ontario.

But, it is an offence under the provincial law called the "Highway Traffic Act."

And it is a serious offence under the "Highway Traffic Act."



It's known as a "public safety" offence.

- That means it's treated differently from a regular traffic ticket from a legal perspective and practical perspective.

- The different treatment has a huge impact on the potential penalties you can face and the cost you may have to pay for insurance.



2/ Don't get confused by the language

There is a criminal charge that's called "Drive While Disqualified."

"Drive While Disqualified" is very different from "Driving Under Suspension."

"Drive While Disqualified" is a criminal charge under the Criminal Code of Canada.



- This charge arises when you've been convicted of a criminal offence. And, as part of the penalty, your license was suspended by a judge.

- If you're caught driving during that license suspension, you'll be charged with Driving While Disqualified, which is a criminal offence.



3/ You can go to jail for driving with a suspended license

Even though driving under suspension is not a criminal offence, you can go to jail for driving with a suspended license.



- Under Section 53(1) of the Highway Traffic Act, upon conviction, the Justice of the Peace does have the power to put you in jail.  

- And the Justice of the Peace can put you in jail for up to 6 months for every conviction.  

- So, if you're convicted on two separate charges of driving with a suspended license, you can go to jail for up 1-year.



4/ Here's when jail may happen

If you're convicted of driving with a suspended license, while jail is a potential penalty, it usually happens in specific circumstances.



- A real possibility of jail time exists if you have multiple prior convictions of driving with a suspended license within 5 years of the current charge.

- It's rare that a first-time offender is jailed, but it can happen. For example, in the case of an accident involving injury or death, you could be facing jail time.



5/ Here's why jail is possible

I'm often asked how you can go to jail if driving under suspension is not a criminal offence.

It has to do with deterrence.  



- A car weighs 4,000 pounds. It's like a weapon on wheels that can cause property damage, hurt or even kill people.

- To protect the public from these "weapons on wheels," laws were created to ensure that people are properly licensed.



And the penalties are harsh because the lawmakers want to create a deterrence to deter you from driving with a suspended license.



- If you're a first-time offender, generally, you'll face some fines and a mandatory 6-month driving suspension.

- But if you are a repeat offender, the lawmakers assume that fines and license suspensions are not enough of a deterrent.

- And then they will put you in jail to significantly increase the deterrent factors.



https://youtu.be/Yr8aYyHIWCM https://www.nextlaw.ca/2021/04/12/is-driving-under-suspension-criminal-offence/

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