Certified Instructor

123456789

Certified Instructor

123456789

Charge For Driving With Suspended License In Canada

Charge For Driving With Suspended License In Canada

If you are caught driving with a suspended license in Canada, you may face serious consequences. Driving with a suspended license is a criminal offence under Canadian law and can result in a criminal charge for driving with suspended license. If convicted, you may be subject to fines, driver's license suspensions, and even jail time in some cases. In this blog post, we will discuss the legal repercussions of being charged with driving with a suspended license in Canada.

 

The Offence

Driving with a suspended license is a criminal offence in Canada. Under the Canadian Criminal Code, it is illegal to drive or have care or control of a motor vehicle on a highway when you know that your license has been suspended. This means that even if you are unaware that your license has been suspended, you can still be charged with this offence. The prosecution does not need to prove that you knew your license was suspended; they just need to prove that you were driving while suspended.

 

This offence applies to all types of motor vehicles, including cars, trucks, motorcycles, and snowmobiles. It also applies to any type of driver's license, such as a regular driver's license, a commercial driver's license, and a graduated license.

 

The charge for driving with suspended license can be either a summary conviction or an indictable offence. A summary conviction is less serious than an indictable offence and typically involves lesser penalties. However, an indictable offence carries more serious penalties and can result in a criminal record for the offender.

 

The Punishment

Driving with a suspended license in Canada is generally treated as a criminal offence. Depending on the severity of the offence, offenders can expect to face a range of punishments. For example, fines are often imposed and may range anywhere from $500 to $2,500. In addition, the driver’s license can be suspended for varying lengths of time and in some cases, offenders may even face jail time.

 

In addition to the direct punishment from the court, offenders may also face additional consequences that can negatively affect their lives. A criminal record may be established for offenders, which can make it difficult to secure employment or travel across the border. 

 

It is important to note that driving with a suspended license is considered a serious offence, and therefore should not be taken lightly. Offenders may be required to pay the full fine, serve the full sentence, and face all the other associated consequences.

The Exception

In some cases, a court may grant an offender leniency and issue a conditional or absolute discharge for the offence. A conditional discharge means that the offender will not receive a criminal record if certain conditions are met, such as attending court-ordered counselling or drug treatment programs. An absolute discharge means that the offender is found guilty but no criminal record is recorded. In addition, an offender may be able to get a restricted license to drive for certain reasons, such as work or medical appointments. This type of license restricts when and where an offender can drive. It's important to note that these exceptions are granted at the discretion of the court and may not be available in all cases.