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Driver's License Suspensions in Ontario What You Need to Know About a License Suspension
Whereas the word suspension, as it relates to driving licences, is non-existent in the Criminal Code of Canada, R.S.C. 1985, c. C-46, it appears multiple times in the provincial driving legislation famously called the Highway Traffic Act, R.S.O. 1990, c. H.8. Suspension as it relates to driving context, implicitly means the consequences or implications of a contravention. The suspension falls under two main categories, that is licence suspension which is a subset of the Highway Traffic Act and License Prohibition which is a subset of the Criminal Code of Canada.
Mandatory Criminal License Suspension
These are licence suspensions that the court or judge prefers against a driver that contravenes set road safety guidelines.
These suspensions are so rigid that they offer no room for dispute or appeal to suspended drivers. When under the suspension, the concerned driver is completely prohibited from operating motorized machinery until the lapse of the suspension period.
Administrative Driver’s License Suspension (ADLS)
Occurs within the confines of a road or police station and is not in any way connected with committing any driving offence. A person is liable to this suspension if they:
- Fail or refuse to provide a breath sample.
- Have a blood alcohol content of .08 and above.
- Fail or refuse to perform a physical coordination test.
Penalty: Administrative driver’s license suspension is dispensed immediately and lasts for a period of ninety (90) days effective immediately. In addition to the ninety (90) day suspension, the driver is fined a 180 dollar administrative fine before licence reinstatement.
Highway Traffic Act Suspension
Is a suspension preferred against anyone who contravenes the Highway Traffic Act. The act defines and sets forth the criteria for vehicle classification, their licensing among other transport related issues. The Ontario Highway Traffic Act operates within the confines of the provincial traffic law.
This law has five (5) main categories under which a person's license may become suspended. The suspension is imposed should a driver contravene any or both of the following;
- Fail to pay traffic ticket fines.
- Be convicted for traffic tickets.
- Contravenes judgements preferred under the Family Responsibility Act.
- The Motor Vehicle Accident Claims Act.
- Administrative driver’s licence suspension.
- Medical licence suspension.
Penalty: If convicted of contravening any of the above, one is liable to a suspension not exceeding six months. Should the contravention relate to family responsibility act, motor vehicle accident claim act or unpaid fines, the suspension will be lifted upon the satisfactory correction of the concerned issue.
While serving the Highway Traffic Act suspension, one is prohibited from driving. However should you contravene this, one is liable to escalated economic and punitive charges that include;
- Seizure of vehicle.
- A fine not exceeding five-thousand ($5000) dollars.
- Escalated licence suspension.
- A six month jail term.
- Repeat offenders or drivers who, while still serving the suspension, contravene the terms of their suspension are liable to even more harsh terms.
- Court ordered driver’s licence suspension.
Are additional suspension charges that the court or judge, as the case maybe, prefers against you and are independent of the mandatory licence suspension as enshrined in the Mandatory Criminal Licence Suspension Act of the Criminal Code of Canada.
Criminal Code Suspension
The criminal offenses that may lead to suspension of your licence under this code include;
- Operating motorized machinery while having a blood-alcohol (BAC) of 0.08 and above.
- Dangerous driving.
- Refusal to submit to an alcohol breath test.
- Failure or outright refusal to provide samples for roadside testing.
- Failure to stop for police.
- Fleeing accident scenes.
- Causing bodily harm or death due to criminal negligence.
Penalty; Convictions escalate will subsequent offences and the suspension can range from one (1) year, to ten (10) years, or even for a lifetime. Additionally, the convictions remain in your record for a minimum of ten (10) years.