Driving Under Suspension (Section 53 of the Highway Traffic Act)

What Counts as “Driving Under Suspension”?

In Ontario, driving while your driver’s licence is suspended—regardless of reason—is a serious offence under Section 53 of the Highway Traffic Act OTT LegalAJ Murray Law. This applies even if the suspension was from unpaid fines, administrative action, a medical decision, demerit point accumulation, or a criminal conviction 

Penalties: First Offence vs. Repeat Offences

First Offence:

  • Fine: $1,000 – $5,000 

  • Licence Extension: Mandatory additional 6-month suspension upon conviction 

  • Imprisonment: Up to 6 months, depending on severity 

  • Vehicle Impoundment: Common—typically 7 days immediately after offence 

Subsequent Offences (within 5 years):

  • Fine: $2,000 – $5,000 

  • Imprisonment: Up to 6 months 

  • Further 6-Month Suspension: Consecutive to any existing suspension OTT Legal

  • Ongoing Impoundment: Additional vehicle seizure may occur 

Why It Matters

This offence is treated with the utmost seriousness in Ontario—not just a minor infraction, but a public safety issue NextLaw. Penalties may include harsh fines, extended suspensions, license impoundment, and—even for first-time offenders—possible jail time 

Even though demerit points do not apply to this offence, the long-term consequences are no less serious:

  • Insurance Impact: Convictions can lead to significant rate hikes or even policy cancellation, with insurers viewing this offence similarly to impaired driving 

  • Record Implications: The conviction remains on your driving record, increasing exposure to future penalties and legal scrutiny 

Common Causes of Licence Suspension

Some typical reasons your licence might be suspended include:

  • Failure to pay fines or attend court

  • Accumulation of demerit points

  • Impaired or criminal driving convictions

  • Medical disqualification

  • Administrative or Ministry of Transportation suspensions

Why Challenge the Charge? Your Defence Matters

A “driving while suspended” charge is a strict liability offence—you can be convicted even if you were unaware of the suspension . However, defences may still be available:

  • Lack of awareness due to faulty notification

  • Valid correction—e.g., timely reinstatement or completion of requirements

  • Procedural errors in how the suspension was administered

Securing legal help can be instrumental in:

  • Reducing or avoiding penalties

  • Shortening suspension duration

  • Preventing insurance disruptions

Our Support Process: Your Path Forward

  1. Free Confidential Consultation
    — We review your specific circumstances and supervise early steps to minimize penalties.

  2. Case Examination & Documentation
    — We gather all relevant records like notice letters, court documents, and suspension history.

  3. Defence Strategy Development
    — Tailored legal defence based on factors like awareness, procedural correctness, and documentation.

  4. Court Advocacy On Your Behalf
    — We represent you in court, reducing stress and delivering a strategic approach.

  5. Post-Case Guidance
    — Assistance with reinstatement, clearance of records, and insurance mitigation steps.

Why choose our team? We specialize in HTA offences, understand provincial nuances, and have a solid track record of securing favorable outcomes.

Ready to Protect Your Licence and Future?

A driving-under-suspension charge doesn’t have to define your record. Contact us today for a free, no-obligation consultation—we’ll help you understand your rights and explore all possible defences.