Charged With Driving While Suspended in Ontario? What s. 53 Means
Driving while suspended in Ontario under HTA s. 53: suspension types, $1,000 to $50,000 fines, impoundment, the 7-day deemed notice rule and your defences.
Frequently Asked Questions
Can I just pay a driving while suspended ticket?
No. Driving while suspended under s. 53(1) of the Highway Traffic Act has no set fine, so there is nothing to pay out of court. It proceeds by summons and you, or a licensed representative, must appear in court.
What is the minimum fine for driving while suspended in Ontario?
For a first offence under s. 53(1), the fine is $1,000 to $5,000, plus a victim fine surcharge. If the suspension was for a criminal driving conviction under s. 41 or 42, the range is $5,000 to $25,000. Jail of up to six months is possible in either case, and a conviction adds another six months of suspension.
I never got the suspension letter. Is that a defence?
It can be. Mailed notice is deemed received on the seventh day after mailing, but under s. 52(2) that presumption does not apply if you show that, acting in good faith, you did not receive it because of absence, accident, illness or another cause beyond your control. Failing to update your address with the Ministry usually will not qualify.
Will my car be impounded?
Often, yes. For a suspension tied to a criminal driving conviction, the vehicle is impounded for 45 days on a first impoundment. For most other suspensions it is impounded for seven days. Suspensions for unpaid fines under s. 46 are excluded from the seven-day impoundment.
How do I get my licence back after a suspension for unpaid fines?
Pay the defaulted fines in full, then pay the reinstatement fee through ServiceOntario. The Registrar reinstates the licence once both are paid, unless another suspension is in place. Check your status online before driving again.
Contact Legal Assist
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