Driving While Under Suspension2020-08-12T13:45:46+00:00

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    DRIVING WHILE UNDER SUSPENSION

    DRIVING WHILE UNDER SUSPENSION

    DRIVING WHILE UNDER SUSPENSION

    It’s essential to obey the law and stay away from operating a motor vehicle in case your driving license is under suspension. You cannot drive any motorized vehicle such as truck, tractor, motorcycle, car, and bus, etc., whether in your property or public area.

    When you drive with an affected license, you are violating the Federal Criminal Code and the provincial Highway Traffic Act. The violation of both acts is an offence in Canada. A Driver’s License could be suspended by Police or by the Ministry of Transportation or by the provincial government’s Registrar of Motor Vehicles in Canada.

    Above all, you’ll suffer possible arrest, fined, and held in custody while caught driving on a suspended license. The encountered Police officer will seize your vehicle whether you are the owner or not. In such a case, the law allows release from custody after appearing in a Provincial Court to have a show cause hearing before a Judge. You could get hefty fines with incarcerated in prison for up to two years if you accused disobeyed a judge’s order. Most importantly, this is considered a serious offence with a criminal record.

    When Can Your License Be Suspended?

    The provinces of Canada have a variety of reasons for suspending drivers’ licenses by the courts or an administrative agency. The transportation ministry suspends the driver’s License for various kinds of reasons. Most importantly, you must consider the suspension of a license is a severe issue.

    • A police officer could suspend your driver’s License at the roadside.
    • A judge could suspend your driver’s License by court order if you are found guilty of violating traffic laws.
    • Additionally, the Ministry of Transportation could suspend your License via suspension letter.

    Reasons For License Suspension

    Escalating Sanctions

    Novice drivers get escalating sanctions for defying novice restrictions frequently and license suspensions by the municipal court. An escalating penalty will maybe if a novice driver gets more than three demerit points for any Highway Traffic act conviction. Therefore, you must avoid the above occurrences within five years for protecting you from getting an escalating sanction.

    Penalty For Dangerous Driving

    Young drivers are mostly fond of cutting off another car on purpose, street racing, driving stunts and intentionally prevent a vehicle from passing. These types of Driving fall under dangerous Driving. Drivers forget about speed limits posted on the road. For instance, fatal accidents are increasing for violation of 50 km/h and 60 km/h or more on the highway roads. A study shows that deadly accidents more frequently occur at the lower limit posted ways comparable to that of the higher limit posted road.

    Penalty For Careless Driving

    You would face severe consequences if you convicted for Careless Driving. The following occurrences fall under Reckless Driving.

    • Do not consider other drivers who are driving on the highway.
    • Driving without care
    • Putting other vehicles and own at risk by careless Driving

    Driver’s License Suspended For Medical Reasons

    Drivers are not caring about the report of the doctors, which mentioning restrained from driving. If doctors find that the condition of the patient may affect driving behaviour, then they must report to the Ministry of Transportation. Patients suffering from dizziness, heart conditions or stroke are not permitted to drive until medical reports show that they are not under risk of causing accidents while driving. Therefore, the transportation department will suspend your driver’s permit until new medical evidence suggests otherwise.

    According to the Highway Traffic Act, it’s mandatory to report any high risk medical and vision conditions. The ministry will suspend your Driver’s License if you breach any of the above reasons.

    Mandatory Suspension Under Highway Traffic Act

    You might get mandatory license suspension under highway traffic act if you failed to pay traffic ticket conviction fines, which were ordered by the municipal court. A suspension is unavoidable if you are neglecting or failing to stop for a signal from the police officer on the highway. A police officer might ask you to stop at the roadside if you were unable to stop, then a court may believe that you tried to escape Police for some reason.

    Suspension For Dangerous Blood Alcohol Levels

    Driving While Under Suspension

    Driving While Under Suspension

    When a police officer asked you to provide a breath sample at the roadside, you have to give an example. You must not refuse the request of the police officer as it will be considered an offence.

    Zero blood alcohol level is a must for young and novice drivers who are 21 and under while driving on the road. Young and beginner drivers mean drivers age 21 or under with G1, G2, M1, or M2 licenses. Their license status is not countable if found any alcohol present in their blood sample. In short, the Police will hand you a roadside suspension for 24-hours.

    A graduate driver must be careful about blood alcohol concentration while driving. If the police officer finds evidence of the presence of blood alcohol content over 80 mg in 100 ml of blood, then you will fall under violations permitted alcohol level.

    Types Of Charges

    There are different types of charges related to blood alcohol levels. Some of the violations are:

    • Impaired Driving involving no injury, injury and death
    • Over 80 mg of alcohol involving no injury, injury and death
    • Fail to comply with demand involving death, injury and no injury.
    • Drug exceeds

    Blood alcohol concentration range from 50 mg/100 ml blood to 80 mg per 100 ml blood is considered a warning range. Indeed, the law will suspend your driver’s license when a Police officer catches you while driving with warn range of alcohol.

    Moreover, drivers will get a 3-day suspension from the roadside police officer for first caught with warning range of blood alcohol. In the case of the second occurrence for a warning range of blood alcohol, the law allows your Driver’s License to be suspended for seven days. Drivers have to take a remedial education program for alcohol. Also, you will get a suspension for one to five years length depending on the nature of the above charge and frequency of the offense.

    Suspension For Criminal Code Offences

    Driver license suspension for criminal code offenses is severe. Your License will suffer suspension for the one-year and extreme case; it may be lifetime forbid from driving. The criminal code offenses remain in your driving record for a long time.

    The following occurrences fall under criminal code offenses:

    • Omit a top sign from the Police.
    • Police detention for dangerous Driving
    • Left from a scene of the collision
    • Caught red hand with high blood alcohol concentration while driving
    • Running and refusing a request of an alcohol breath test by Police
    • Negligence of criminal act which caused death or severe injury
    • Manslaughter while driving
    • Dangerous Driving causing injury or death
    • Criminal negligence by street racing which caused death or injury
    • Leave a scene of an accident involving injury and death.
    • Drive while disqualified

    License Suspension For No Insurance

    Driving without a license is considered one of the severe offences in Canada. If an officer catches you driving without a license, you have to pay a hefty fine, and subsequent similar kinds of offence will increase your fine amounts. A suspension is widespread for no insurance offence with jail time. Meanwhile, our Traffic Ticket Experts are getting more calls for handling this type of suspension.

    Immediate Roadside Suspensions

    Police officers issue drivers immediate roadside suspensions on the roadside for breaking provincial laws related to the Vehicle Impoundment Regulations, the Traffic Safety Act, the Driver Licensing and Suspension Regulations.

    Demerit Points

    Your driving license will automatically be affected if your demerit points crossed over the maximum permitted points on your driving record.

    Demerit Points Penalties For Full Driving License Holder

    In case of full driving license, the following are rules:

    • 2 to 8 demerit points: A letter of warning will be issued.
    • 9 to 14 demerit points: You may have to set a meeting with traffic officials to discuss your driving record. This meeting will cost you a fee of $50. The authority could suspend your License based on your meeting with them.
    • Fifteen or more demerit points: The system awards you an automatic 30-day driving license suspension. You must surrender your License to the authority.

    Demerit Points Penalties For New Drivers

    In the case of new drivers who are holding G1, G2, M1, M2, M1-L or M2-L licenses, they will face different demerit point penalties.

    Here’s a breakdown of penalties they could face:

    • 2 to 5 demerit points: The new driver will get a letter of warning.
    • 6 to 8 demerit points: A participation of an interview must with a fine of $50. The authority may suspend the driver’s License.
    • Nine or more demerit points: The Police will impose a 60-day suspension and also ask you to surrender your driver’s License.

    The authority of Canadian demerit system is assigned a point value for every violation of traffic laws. However, the demerit points may vary from violations to breaches. Most commonly issued violations with their point values are mentioned below:

    Causes Of Demerit Points

    • Distracted Driving by fully licensed and young drivers
    • Traffic lane violation by drivers
    • Driver convicted for failure to signal a lane change
    • Failed to stop as directed by traffic control devices or as otherwise required
    • Driving or operating a vehicle on a closed road, improper passing & crowding the driver’s seat
    • Failed to yield to a pedestrian or vehicle which has the right-of-way
    • Driving the wrong way on a divided highway, driving while holding or using a hand-held wireless communication or entertainment device
    • Driving through or around a railway crossing gate
    • Dangerously following too close
    • The driver is speeding at an unreasonable rate on the road.
    • Driver exceeded the speed limit by up to 15 km/h
    • Failed to stop at a red light
    • Driver exceeded the speed limit by more than 15 km/h but not more than 30 km/h
    • Driver exceeded the speed limit by more than 50 km/h
    • Convicted for racing on a highway
    • Ignore to yield to a school bus while driving.
    • Failing to remain at the scene of a collision
    • Failing to stop when signaled or asked by a police officer

    You have to attend a demerit point interview, which the courts will register in your driving record. Above all, if the result of the discussion is unsatisfactory, fails to participate in the hearing, you’ll suffer a Licence Suspension.

    Suspension Types

    Traffic Safety Education Suspension

    It is mandatory to complete this program within the time frame to withdraw the suspension from the driving License.

    Judgment Suspension

    Drivers are unable to pay a court-ordered fine for causing injury to a person or damage to an asset. This suspension will remain valid till payment of the fine.

    Interview On Driving Record

    Your Driver’s License may suffer suspension if you fail to attend a predetermined meeting about collisions.

    Graduated Driver Licensing (GDL) Improvement Program  Suspensions

    The ministry gives traffic tickets or accidents by GDL drivers. The suspension length may vary from 30 to 180 days based on the crashes and number of tickets on your driving record.

    Driver Improvement Program Suspensions

    Experience drivers get this type of suspension for traffic tickets and collisions, which may be 30-day, 90-day or 180-days.

    Defensive Driving Course Suspension

    A driver has to complete a defensive driving course in a required time frame. The failure of completion within the time frame will cause license suspension.

    Driver Improvement Training Suspension

    If the courts or ministry instructs you to take part in the Driver Improvement Training program, you have to complete it within the required time frame. Your suspension will not withdraw until the completion of the training.

    Consent  And Undertaking Suspension

    Failure to pay a voluntary binding agreement for a collision.

    Habits  And  Conduct

    License suspended for poor driving habits.

    New Driver – Immediate Roadside Suspension

    Based on offence intensity, the suspension maybe two months to 18 months.

    Experienced Driver – Immediate Roadside Suspension

    Based on offence intensity, the suspension perhaps three days to 120 days.

    Driving Without Impairment  (DWI) Suspension

    For not completing the DWI within a time frame designed by the authority.

    Addiction Assensment  Suspension

    A suspension for not completing the addiction assessment program.

    Driver Examination  Suspension

    It’s a situation whereby a driver’s licence suffer suspension for frequent violations of traffic rules and collisions or medical conditions.

    Recovery  Suspension

    Drivers addicted to alcohol suffer the Recovery Suspension. You will remain suspended until a satisfactory assessment from a counsellor.

    Law Enforcement Request For Review Of A Driver’s License

    Usually, based on the driving habits of drivers. The severity of suspension depends on the previous record of driving.

    Justice School

    A driver suspends for not attending in a Prostitution Offender Program.

    Justice Suspensions

    The Justice Suspension involves circumstances whereby the law suspends a driver for one year for the gathering of a prostitution offence.

    Unpaid Traffic Fines Suspension

    A suspension for not paying the overdue fine for a conviction.

    Medical Suspension

    As a driver, you cannot drive when your licence suspension is still active for being unfit for a medical condition.

    Maintenance Support Suspension

    Your driving license will go through suspension for not paying the child support payment or any maintenance payment, which is ordered by the Ministry of Justice.

    Non-Compliance Suspension

    The law issues such Suspension when the driver neglect to complete a program requested by the authority.

    Misuse Of Driver License

    You’ll receive a 90 days suspension for driving ID fraudulent.

    Out Of Province Suspension

    Your suspension in another province will remain valid in another region of Canada.

    How Do You Know If The Ministry Has Suspended Your License

    When you receive a conviction at trial in the courthouse, you will be informed about the suspension of your Driver’s License. If you’re looking for a lawyer to represent you, it’s their responsibility to inform you about the suspension of your License as relates to your conviction.

    You will get a letter into your mailing address from the Ministry of Transportation (MTO) about license suspension. The letter is about unpaid fines or piling of demerits points. Therefore, you must update your mailing address with the Ministry of Transportation for getting important mail. Your excuse will be not acceptable if it is found that the notification could not reach you due to the wrong address, as it is your responsibility to update the mailing address in the MTO.

    You should collect a copy of your driving record from the Ministry of Transportation to find out the demerits point status and other notifications. There will be less chance of getting a driving license suspended if you regularly collect the record and pay all dues.

    What Happens If Caught Driving While Suspended

    If you are found guilty for the first time, a judge can give you a fine ($1000 to $5000), and you may have to go to prison for six months or both penalties.

    • If you are convicted for the second time, the judge can give you a fine ranged from $2000 to $5000. And, you could be sent to prison for up to six months or both penalties. Also, you will get an extended suspension of your License for another six months.
    • When you are convicted of an offense under the Criminal Code, you may get a maximum jail penalty up to five years in jail and a maximum fine of $5000.
    • The penalties under the Highway Traffic Act will be more severe when your License suspended for a Criminal Code Offences. You have to pay a fine of a minimum of $5,000 to a maximum of $25,000 for a first offense, and for successive offenses, it will range from $10,000 to $50,000.
    • Your vehicle will be seized if you found guilty Driving under suspension. You have to pay towing and storage charge of the vehicle before the vehicle is released. Your vehicle will impound for seven days, 30 days and 60 days for a first, second and third violation, respectively.

    Impact On Vehicle Insurance While Caught Driving Under Suspended License

    A license suspension has a significant effect on a driver as he or she may lose vehicle insurance. The insurance company will brand you as a high-risk driver while you are caught driving under a suspended license. Indeed, they will increase the insurance rates, which will be a burden for you if you are recovering from a license suspension.

    Generally, a well-known insurance company covers the driver in the time of suspension, whatever the reasons for the suspension. Some companies may cancel the insurance benefits of the driver based on the purpose of suspension. A cancellation in insurance coverage is adding more risks to drivers. On the other hand, it is challenging to get insurance from another company while a Driver’s License under suspension is active.

    There are some factors which will affect your vehicle insurance. They are included below:

    • Causes of suspension
    • Suspension length
    • Policies of the insurance company about license suspension

    When a driver has good driving records after a suspension period, an insurance company might decrease the insurance rate. Your insurance company inspires you to take a defensive driving course before reducing the insurance rate. Most importantly, the insurance companies believe that the drivers who are seeking a defensive driving course are becoming more responsible compared to other drivers who did not make it.

    Restore A Suspended Driver’s License Across Canada

    You can restore your suspended Driver’s License by paying the reinstatement fees with a registered letter across Canada except for Ontario. The letter must consist of your driver’s license number and reason for your request.

    But in the case of Ontario, you have to take specific tests if the ministry had suspended your full class license for more than one year.

    • You have to take an eye test for one to three years of suspensions of License.
    • You have to take a written knowledge test, an eye test and two road tests (G1 & G2) for three to ten years suspensions of License. To get the permit quickly, you should book your first road test (G1) after passing knowledge and eye tests. After that, you have to sit for the G2 examination, as soon as you successfully pass your G1 road test.
    • However, you have to reapply as a new driver by taking part in all necessary tests after completing ten years or more suspension of License.

    Questions To Ask Traffic Ticket Experts

    A license suspension may not become a major crime, but you can feel inconvenience and hassle without it. It is better to consult with a traffic ticket expert in your area to solve your tickets and charges related to driving while License suspended. For instance, an experienced traffic ticket expert can advise you in the courthouse to defend yourself in front of judges and prosecutors.

    How Can Traffic Ticket Experts Assist You With Your Driving While Under Suspension Charge?

    Experience personnel from Traffic Ticket Experts can decide if you have to defend a ticket with any charge. A traffic ticket expert will negotiate with the prosecutor to reduce the fine you will face for Driving while suspended your driver’s License. Moreover, he will help prevent you from getting a custodial sentence or lessening your sentence by reviewing the evidence of your Driving while under suspension charge. A traffic ticket expert can fight with the court to permit you to serve your punishment on weekends when the court imposes a custodial sentence.

    If you would like to make inquiries about our rates to fight on behalf of your Driving while under suspension ticket, you may contact at 1–888–709–4648.

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