License Suspensions

A driver’s licence suspension can have a significant impact on a person’s life. Whether facing criminal charges or not, there are various reasons why one’s licence may be suspended, and the length of the suspension will depend on a number of factors.

When a person is charged or convicted of a driving-related offence under the Criminal Code or Highway Traffic Act, one of the possible sanctions is a licence suspension. If you are charged with an impaired driving offence, an immediate roadside suspension can result. Other offences may result in a mandatory driving prohibition upon conviction. The Ministry of Transportation can also suspend your driver’s licence when you fail to comply with court-ordered sanctions or if you have a medical condition that poses a safety risk.

A licence suspension prevents you from operating a motor vehicle for a specified period of time (or, in some cases, for life). Depending on the offence, your licence can be suspended at the roadside or imposed upon conviction. With some offences, a finding of guilt will result in a mandatory licence or driving prohibition. Where the suspension is not mandatory, defence counsel can initiate discussions with the Crown Attorney to seek to avoid a suspension. If one’s licence is suspended, this will be recorded on their Ontario Driving Record.

The following offences can result in an immediate suspension at the roadside or police station:

• Driving Over 80 (90-day suspension under the HTA);
• Failure or Refusal to Comply with Demand (90-day suspension under the HTA); and
• Failure or Refusal to perform a physical coordination test (90-day suspension under the HTA).

The following Criminal Code offences will also result in a licence suspension upon conviction:

• Driving Over 80;
• 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; and
• Failing to stop for police.

The length of the suspension will depend on whether it is a first offence. A first offence may result in a suspension of one year, whereas subsequent offences can result in increased penalties, potentially including a lifetime driving ban.

It is important to note that a person can receive a licence suspension without being charged under the Criminal Code. There are many offences under Ontario’s Highway Traffic Act that can result in licence suspensions.

For example, even though it is not a criminal offence to drive with a blood alcohol concentration (“BAC”) under 0.08%, if someone is found to be driving with a BAC in the “warn range” (0.05–0.08%), they may receive an immediate roadside suspension of:

• Three days for a first occurrence;
• Seven days for a second occurrence (plus a requirement to participate in an alcohol-education program); and
• Increased penalties for any subsequent occurrence.

Certain offences under the Highway Traffic Act also impose mandatory licence suspensions upon conviction. For example, if convicted of stunt driving, the mandatory penalties are as follows:

• If a first offence: minimum of 1 year suspension, up to a maximum of 3 years;
• On a second offence: minimum of 3 years, up to a maximum of 10 years;
• On a third or subsequent offence: a suspension for life.

The Ministry of Transportation also has the right to suspend one’s driver’s licence if a person:

• fails to pay a court-ordered traffic fine;
• fails to comply with judgments under other Acts, such as the Family Responsibility Act; or
• has a medical condition that may affect their ability to operate a vehicle safely. In Ontario, doctors are required to report such information regarding people age 16 or older to the Ministry of Transportation.

The information above provides a general overview of licence suspensions and the types of conduct that can result in a suspension. However, no two cases are alike. Every criminal case is fact-specific and ranges in complexity, depending on the issues at play.

Are You Facing a Licence Suspension? Contact Hundal Law Firm today at (416) 888-0592 to learn more about how we can help you. Our lawyer is prepared to conduct a thorough review of your situation and develop an approach tailored to your needs. Obtaining proper legal representation is the first step in preparing your defence.