QUICK TAKEAWAY
Disqualified Suspended Licence: Driving while your licence is disqualified [or] suspended may sound like similar charges but they carry different punishments and are regulated differently. Drivers' licenses and the laws governing the operation of a motor vehicle are regulated by each province or territory. Driving with a suspended licence can result in a fine or jail time depending on the jurisdiction. Driving while disqualified is a much more serious offence covered under s.259(4) of the Criminal Code. If you are convicted you could face a prison sentence of up to five years and a maximum fine of $25,000. You will also have a criminal record.
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Difference Between Driving While Disqualified and Suspended
Of the two offences driving while disqualified is the most serious. It is covered under the Criminal Code and can result in a criminal record if you are convicted. If you are facing this charge, it means a court has found you guilty of a provincially regulated offence such as impaired or dangerous driving and your licence has been suspended. Driving while disqualifiedOperating a vehicle while prohibited by court order is considered a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence and the Crown can proceed as a summary convictionUsed for lesser offences or an indictable offenceIndictable offences are more-serious criminal offences, which carries much harsher incarceration time and stiffer fines.
Driving while suspended is legislated by each province or territory and the punishment carry vary depending on the jurisdiction. You should check the laws governing driver licensing and vehicle operation in your area. It is important to note that a licence suspension is not always a result of driving offences. Court can order a suspension for failing to pay child support while the provincial authority can suspend your licence if you accumulate too many demerit points.
What Can Lead to a Licence Suspension
There are a number of reasons why your licence can be suspended. Driving under the influence of drugs or alcohol is among the most serious. If testing indicates you are impaired you can be charged. If you refuse to provide a breath or blood sample you can also be charged. It should be noted that prescription drugs and over-the-counter medications could also impair your ability to drive
While each province has its own laws governing traffic offences there are similarities when it comes to offences. Using Ontario’s Highway Traffic Act (HTA), as an example, your licence may also be suspended for the following reasons:
- Zero Blood-Alcohol Concentration (BAC) for novice and young drivers.
- Medical suspension.
- Discretionary HTA suspensions.
- Mandatory HTA suspensions.
- Administrative driver’s licence suspension (ADLS).
- "Warn-range" suspension.
- Novice-driver violations.
Demerit points are given for traffic violations and the accumulation of these points can also lead to a licence suspension. Each province has its own point system. Under Alberta’s Traffic Safety Act, for example, the most common issued violations and their demerit point values are as followed:
- Stunting: three points.
- Failure to report an accident: three points.
- Driving on the wrong side of the road: three points.
- Following too closely: four points.
- Speeding (more than 50 km over the limit): six points.
- Failure to yield right of way to a pedestrian: four points.
- Racing: six points.
- Leaving the scene of an accident: seven points.
Your licence may also be suspended if you have a medical condition that affects your ability to drive. British Columbia’s Motor Vehicle Act states doctors, nurse practitioners, psychologists and optometrists must report patients they believe may be medically unfit to drive. Other provinces and territories have similar provisions.
Provinces such as Ontario also impose a one-year suspension for Criminal Code offences, with a potential lifetime driving ban for subsequent offences.
Under the HTA, your licence will be suspended if you are convicted of any of the following offences under the Code:
- Driving or having care and control of a vehicle, including boats, when your BAC is more than 80 milligrams per 100 millilitres of blood (.08).
- Refusing to submit to a breath test for alcohol.
- Failing or refusing to provide a breath sample for roadside testing.
- Failing to remain at the scene of a collision.
- Dangerous driving.
- Causing death or bodily harm by criminal negligence.
- Failing to stop for police.
What is Needed to Convict
If you face charges of driving while disqualified, the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown must show that you were operating the motor vehicle on a street, road, highway, or other public areas in Canada, your licence was suspended or revoked at the time, and you were aware that you were disqualified but still chose to drive. The Crown must also prove the suspension was ordered by a judge.
A defence attorney may be able to establish reasons why your arrest was not lawful under the Canadian Charter of Rights and Freedoms.
Penalties for Disqualified / Suspended Driving
Driving while disqualified is considered a serious offence because the offender knowingly defied a court order. Because it is a hybrid offence, the consequences for driving while disqualified depend on how the offence is prosecuted. If the Crown proceeds by indictment, the maximum punishment is 10 years in prison. The maximum fine id $25,000. If it is treated as summary conviction, there is no minimum punishment but you could face up to six months in jail or a fine of up to $2,000. You could also face a driving prohibition and a criminal conviction. As well, you may face probation and your vehicle could be seized.
Depending on the province, you could face a fine starting at $1,000 and jail time of six months for driving with suspended licence. You vehiecle might be impounded and your insurance premiums may also be increased or revoked.
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Neuberger & Partners Llp
Embry Dann LLP
Derstine Penman Criminal Lawyers
Michael Juskey | Toronto Criminal Defence Lawyer
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J. Randall Barrs
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Driving while disqualified
Operating a vehicle while prohibited by court order to do so.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
