You face an when ready roadside charge and a mandatory court appearance
If a police officer stops you and discovers your license is suspended, you will be charged on the spot under the Highway Traffic Act. The officer will issue you a Provincial Offence Notice (a ticket), and you cannot drive away — your vehicle may be impounded depending on why your license was suspended and whether it's a first or repeat offense.
You are required to appear in court on the date listed on your ticket. This is not optional, and missing that date creates a separate failure-to-appear charge. The court will not dismiss the case if you don't show up.
The specific consequences depend on why your license was suspended in the first place — whether it was for unpaid fines, medical reasons, criminal conviction, or accumulating too many demerit points. Each category carries different penalties.
Key Takeaways
- Driving with a suspended license is a separate criminal or provincial offense that results in a ticket and mandatory court date, regardless of why your license was suspended.
- Your vehicle can be impounded when ready, and you will not be able to drive it away from the traffic stop.
- Penalties range from fines of $250 to $1,000 and possible jail time, depending on whether this is your first offense and why your license was suspended.
- You must attend court on the date on your ticket; failure to appear creates an additional charge and a warrant for your arrest.
- Before court, contact the body responsible for your suspension — ServiceOntario, the Ministry of Transportation, or the court that imposed it — to understand your options for reinstatement.
Why your license was suspended matters for sentencing
Ontario suspends licenses for different reasons, and the reason affects what the court can do to you. A suspension for unpaid fines or court-ordered restitution is administrative. A suspension for medical reasons (vision, seizures, cognitive decline) is protective. A suspension for criminal conviction is punitive. A suspension for accumulating demerit points is automatic.
If you were driving on a suspension for unpaid fines, the court may offer you a payment plan or community service instead of jail time. If you were driving on a medical suspension, the court will want to know whether the medical condition has been resolved and whether you have been cleared by a doctor. If you were driving on a criminal suspension, sentencing is typically harsher.
Before you go to court, find out which type of suspension you have. Call ServiceOntario at 416-235-2999 (Toronto area) or 1-800-387-0800 (outside Toronto) and provide your driver's license number. They will tell you the reason and the date the suspension ends or the conditions for lifting it.
Fines and jail time for a first offense
For a first offense of driving with a suspended license, the fine ranges from $250 to $1,000. You may also receive a jail sentence of up to six months, though jail is less common for first offenses unless there are aggravating factors — such as causing an accident, having passengers in the car, or driving in a school zone.
The court also has the power to impose a driving prohibition on top of your existing suspension. This means you cannot hold a license for an additional period after your current suspension ends. A first offense typically results in a prohibition of six months to two years.
If you have a prior record of driving while suspended, the fines increase to $500 to $2,000, and jail time becomes more likely. A second offense within ten years can result in up to one year in jail.
What happens to your vehicle at the roadside
When you are stopped, the officer will check whether your license is under a Administrative Suspension (unpaid fines or administrative debt) or a Criminal Code Suspension (from a conviction). If it is an administrative suspension, your vehicle will be impounded for 14 days. If it is a criminal suspension, the impound period is 30 days.
You can retrieve your vehicle before the impound period ends if you arrange for a licensed driver to pick it up. That driver must have a valid license and must be present at the impound lot with you. You will be charged a towing fee (typically $150 to $250) and a daily storage fee (typically $20 to $40 per day).
If your license suspension is for medical reasons, the impound rules may differ. Ask the officer at the roadside which impound lot your vehicle is being taken to and call that lot when ready to understand your options.
Steps to take before your court date
Do not wait until court day to act. Contact the organization responsible for your suspension as soon as possible. If your suspension is for unpaid fines or restitution, contact the court that imposed it or the Ministry of the Attorney General. If your suspension is for demerit points, contact ServiceOntario. If your suspension is medical, contact the Ministry of Transportation's Medical Review Unit.
Ask whether you can lift the suspension before your court date. If you can pay outstanding fines, do so when ready and bring proof of payment to court. If the suspension is medical, ask what documentation you need from a doctor to show the condition has been resolved. If the suspension is for demerit points, ask whether you can take a driver improvement course to reduce the points.
Bring all documentation to court — proof of payment, medical clearance letters, proof of a driver improvement course, or any other evidence that you have addressed the reason for the suspension. The court will consider this when deciding on penalties.
Hiring a lawyer and your court options
You have the right to represent yourself in court, but many people hire a paralegal or lawyer to handle the case. A paralegal typically charges $300 to $800 for a first offense; a lawyer may charge more. Some paralegals and lawyers work on a flat fee for this type of case.
Your lawyer or paralegal can negotiate with the Crown prosecutor (the government's lawyer) to reduce the charge or the penalty. In some cases, they can arrange for you to plead guilty to a lesser offense or to have the charge withdrawn if you meet certain conditions — such as paying fines, completing a driver improvement course, or waiting a set period without driving.
If you cannot afford a lawyer, you may be may have access to to duty counsel — a free lawyer provided by the court. Ask the court clerk when you arrive whether duty counsel is available. Duty counsel can advise you on your options and may be able to negotiate with the Crown on your behalf, though they typically do not represent you through a full trial.
How to reinstate your license after the case is resolved
After your court case is finished, you must take steps to reinstate your license. The process depends on why it was suspended. If it was suspended for unpaid fines, you must pay all outstanding fines and court costs. If it was suspended for demerit points, you must wait out the suspension period (typically 6 to 12 months) and then explore for reinstatement.
To reinstate your license, visit a ServiceOntario office in person with your driver's license (or a government-issued ID if your license has expired), proof of residency, and any required documentation — such as proof of payment, a medical clearance letter, or proof of a driver improvement course. You will pay a reinstatement fee of $75 to $150 depending on the reason for the suspension.
ServiceOntario offices are located throughout Ontario. Find the one nearest you at ontario.ca/serviceontario. You can also call 416-235-2999 or 1-800-387-0800 to ask which documents you need before you visit.
Frequently Asked Questions
Can I get my license back before my court date?
Yes, if you address the reason for the suspension. If it was unpaid fines, pay them. If it was medical, get a doctor's clearance. If it was demerit points, wait out the suspension period. Contact the organization responsible for your suspension when ready to ask what you need to do. Bringing proof to court that you have resolved the issue will help your case.
What if I didn't know my license was suspended?
The court will not dismiss the charge based on lack of knowledge. However, you can tell the judge that you were unaware of the suspension, and this may be considered when deciding on penalties. It is your responsibility to check your license status before driving. You can check it online at ontario.ca or by calling ServiceOntario.
Will this conviction show up on a background check?
Yes. A conviction for driving with a suspended license will appear on your criminal record (if it is a criminal offense) or your driving record (if it is a provincial offense). This can affect employment, insurance rates, and future driving privileges. Ask your lawyer or paralegal whether the charge can be reduced or withdrawn to minimize the impact on your record.
Can I get my vehicle back if I cannot pay the impound fees?
The impound lot will hold your vehicle for the full impound period (14 or 30 days) at no additional charge beyond the initial towing and daily storage fees. If you cannot pay those fees, contact the impound lot and ask about payment plans. After the impound period ends, the lot may sell the vehicle to recover unpaid fees, so do not delay.
What if this is my second or third offense?
Penalties increase significantly with each offense. A second offense within ten years can result in fines of $500 to $2,000 and up to one year in jail. A third offense can result in fines up to $2,000 and up to two years in jail. Hiring a lawyer becomes more important with repeat offenses. Ask about diversion programs or conditional discharge options that may keep the conviction off your record.