Ottawa Driver License Suspension Lawyer
Driving while your licence is suspended is one the most serious charges under Ontario’s Highway Traffic Act—and you may be committing a criminal offence under the Criminal Code of Canada.
Under Ontario law, your driver’s licence can be suspended for 90 days at the roadside by a police officer. Fines, further suspensions, imprisonment, and other negative consequences are possible, depending on the type of driving while suspended offence committed.
If you are charged with driving while suspended in Ottawa, a free consultation with one of our experienced lawyers at David Anber’s Law Office can help you understand the charge, consider your legal options and take the first steps to defending the charge.
What is driving while suspended in Ontario?
Understanding the relevant laws and what to do if you’re caught driving while your licence is suspended is essential to prevent harsh consequences.
If your licence has been suspended or you have been prohibited from driving, you cannot drive under any circumstance or you will commit an offence.
Reasons for a license suspension or driving prohibition in Ontario include unpaid fines, accumulating too many demerit points, failure to maintain insurance, failure to comply with a court order or committing certain criminal offences, such as impaired driving.
There are actually three separate and distinct offences related to driving while suspended in Ontario:
- Driving while suspended under the Highway Traffic Act: this is a provincial offence that results in another administrative driver’s licence suspension in Ontario.
- Driving while suspended as a result of a drink-driving (provincial offence).
- Driving while prohibited as a result of a drink-driving conviction: this is a criminal offence under the Criminal Code of Canada, leading to an additional 1-3 year licence suspension imposed by a judge for any driver convicted of impaired driving.
Roadside licence suspension
The decision to suspend your licence for 90 days can be made at the roadside by a police officer for any of the following reasons:
- Refusal to take a breath test
- A Blood Alcohol Concentration (BAC) of 80 milligrams in 100 milliliters of blood (.08) or higher
- Failure to provide a blood, oral fluid or urine sample when asked by police
- Failure or refusal to perform physical coordination tests or submit to a drug evaluation when required by police
The 90-day suspension takes effect immediately unless you challenge it—before any court appearance, defend yourself by speaking to a driver’s licence suspension lawyer.
This could mean that you cannot legally drive to work, pick up the kids from school or do any of the things you usually do with your car.
A qualified lawyer can help you challenge the suspension and the resulting criminal charge and help you drive legally again.
What are the penalties for driving with a suspended licence?
The consequences of driving while suspended can extend well beyond the short-term inconvenience of losing your licence. Depending on the circumstances, you may face criminal charges and be subject to immediate fines and even jail time.
If you are convicted of a first offence of driving while suspended under the Highway Traffic Act, you will not receive a criminal record but you can be subject to the following:
- A fine of up to $5,000 (minimum fine of $1,000)
- Additional six months licence suspension
- Jail for up to six months
For subsequent offences, the minimum fines go up to $2000-$5000. The conviction will impact not only your driving record but insurance premiums too. Some drivers even have their insurance cancelled.
Driving while prohibited
This is a criminal offence. Even if you receive a discharge, you will still receive a suspension in Ontario. A first offence can lead to:
- Imprisonment for up to two years less a day (or up to 10 years if prosecuted by indictment)
- A maximum fine of $5,000 (for a summary conviction)
- Further licence suspension (usually one year for a first offence)
Subsequent offences make jail time more likely, and will increase the driver’s licence suspension.
If you are involved in an accident while driving with a suspended licence, your insurance is unlikely to cover the costs of the damages and you may be sued by the other driver(s) or injured passengers.
The consequences of living with a criminal record can also affect the rest of your life, creating issues with employment, housing, travel, immigration status, and more.
If you are faced with a licence suspension, it’s essential to understand the licence reinstatement process as your driving privileges are not automatically reinstated in Ontario.
How can we help you get back on the road?
David Anber and his team are seasoned driver’s licence suspension lawyers who can help you drive legally again even if your licence has been suspended.
Being acquitted of the criminal charges against you (or if the charges are dropped) will revoke the licence suspension. Even the most “cut and dried” driving cases can be successfully challenged and experience tells us that there is always a chance of reducing the consequences even if convicted.
Cases can be technical and intricate, often involving complex equipment that must be calibrated and used 100 percent correctly for the evidence to stand up in court. Charter rights are also involved in such cases.
Our lawyers understand the high burden of proof required of the prosecution to convict defendants. Generally speaking, a guilty plea is inadvisable considering the long-term consequences of a conviction.
We will carefully investigate your case and start to build a robust defence if there are any flaws or inconsistencies in how law enforcement stopped you, collected evidence or behaved toward you—or violated your Charter rights.
Common defences for driving under suspension
Some common defences employed in such cases include the following:
- Misconduct or procedural errors by police officers
- Interlock Exception
- Factual Innocence
- Necessity
- Violation of Charter Rights
If the charges against you are not dismissed, we will generally be prepared to take the matter to trial to defend you.
Ottawa driver licence suspension lawyers protect your driving privileges
Do not underestimate the potential for serious consequences for driving while suspended.
David Anber’s Law Office has represented many people charged with driving while suspended—from first-time offenders to those who face jail time and tens of thousands of dollars in fines.
To schedule a free consultation to speak with one of our experienced driver’s licence suspension lawyers, call us toll-free at 1-888-989-3946 or contact us online.