Driving with a suspended license in Ontario is a criminal offense that carries fines, jail time, and a permanent record
If your license is suspended in Ontario, you cannot legally drive any vehicle on any road. Driving anyway is not a traffic violation — it is a criminal charge under the Highway Traffic Act. The moment a police officer stops you and discovers your suspension, you face arrest, an when ready vehicle impound, and a court appearance. The consequences do not end with the traffic stop.
Ontario courts treat suspended-license driving seriously because it puts other people at risk. A driver whose license was suspended usually lost it for a reason: unpaid fines, too many demerit points, a medical condition, or a criminal conviction. The province assumes that person should not be behind the wheel. Driving anyway shows you are ignoring that judgment.
Key Takeaways
- Driving with a suspended license is a criminal offense in Ontario, not a minor traffic ticket, and results in arrest and vehicle impound.
- First offense carries a fine of $400 to $2,000 and up to six months in jail; second and later offenses carry higher fines and up to two years in jail.
- A conviction creates a permanent criminal record that affects employment, housing, insurance, and border crossing.
- Your vehicle is impounded when ready, and you must pay towing and storage fees before you can retrieve it.
- You can request a license reinstatement hearing with the Ministry of Transportation, but you must meet the conditions that led to the suspension first.
What the criminal charges actually are
Ontario law creates two separate offenses for driving with a suspended license. The first is driving while your license is suspended under a provincial order — usually because of unpaid fines, too many demerit points, or a medical review. The second is driving while your license is suspended under a federal order — usually because of a criminal conviction, a failure to appear in court, or a failure to pay a fine ordered by a judge.
Both are prosecuted in provincial court. Both result in a criminal record if you are convicted. The difference matters for sentencing: a federal suspension carries harsher penalties because it signals a more serious underlying offense.
Fines and jail time for a first offense
If this is your first time driving with a suspended license, the court can impose a fine between $400 and $2,000, jail time of up to six months, or both. The judge has discretion, so the actual sentence depends on why your license was suspended, how long you drove, whether you caused an accident, and your driving history before the suspension.
If you were driving for work, or if you drove only a short distance, or if you have no prior criminal record, you may receive a fine at the lower end. If you drove for weeks or months, or if you caused an accident, or if you have prior convictions, you may face jail time or a fine at the higher end.
Fines and jail time for a second or later offense
If you have been convicted of driving with a suspended license before, the penalties increase. A second offense carries a fine of $1,000 to $5,000 and jail time of up to one year. A third or later offense carries a fine of $2,000 to $10,000 and jail time of up to two years.
These are mandatory minimums in some cases. If you caused an accident, injured someone, or were driving a commercial vehicle, the court may impose the maximum penalty regardless of whether this is your first offense.
What happens to your vehicle
When a police officer stops you and discovers your license is suspended, they will impound your vehicle when ready. You cannot drive it away, and neither can a passenger. The vehicle is towed to an impound lot, usually run by a private towing company under contract with the police service.
You must pay the towing fee (typically $150 to $300) and a daily storage fee (typically $20 to $40 per day) before you can retrieve the vehicle. These fees accumulate quickly. If your vehicle sits in the impound lot for two weeks, you may owe $400 to $900 in towing and storage alone, on top of any fines or jail time ordered by the court.
If you cannot pay the impound fees, the towing company may sell the vehicle to recover the debt. You will receive notice of the sale, but you have limited time to object.
The criminal record and its long-term effects
A conviction for driving with a suspended license creates a permanent criminal record in Ontario. This record does not disappear after a set number of years. It appears on background checks for employment, housing, professional licensing, and volunteer positions.
Many employers will not hire someone with a criminal record, especially if the job involves driving or public trust. Landlords may refuse to rent to you. Insurance companies may deny coverage or charge much higher premiums. If you want to travel to the United States, a criminal record may result in denial of entry or require you to explore for a waiver, which is expensive and not always granted.
You can request a record suspension (formerly called a pardon) after a waiting period, but you must meet strict conditions and pay a fee to the National Parole Board. The waiting period is five years for a summary offense and ten years for an indictable offense.
How to request a license reinstatement hearing
If your license was suspended by the Ministry of Transportation (not by a court), you can request a reinstatement hearing. You must contact the Ministry's Driver Compliance Office in writing or by phone. The phone number is 416-235-2999 in Toronto, or you can find the number for your region on the Ministry's website.
Before you request a hearing, you must meet the conditions that led to the suspension. If your license was suspended because of unpaid fines, you must pay them. If it was suspended because of a medical condition, you must provide a medical report showing you are fit to drive. If it was suspended because of too many demerit points, you must wait out the suspension period (usually one year).
At the hearing, a Ministry official will review your case and decide whether to reinstate your license. You can bring documents, witnesses, or a lawyer. The hearing is not a court proceeding, but it is formal and the official has the power to deny your request.
What to do if you are stopped
If a police officer stops you and you know your license is suspended, do not lie or try to hide it. Tell the officer when ready. Provide your license and vehicle registration. Do not resist arrest or refuse to cooperate — that will result in additional charges.
You have the right to remain silent beyond providing your name and address. You do not have to answer questions about why you were driving or where you were going. You have the right to speak to a lawyer before answering any questions. Exercise that right.
The officer will likely arrest you, read you your rights, and take you to a police station for processing. You will be fingerprinted and photographed. You may be held in custody until a bail hearing, or you may be released on your own recognizance (a promise to appear in court). A bail hearing is held within 24 hours of arrest.
Frequently Asked Questions
Can I drive to a court hearing or a lawyer's office if my license is suspended?
No. There is no exception for driving to court or to meet with a lawyer. If you must attend court or meet with a lawyer, use public transit, a taxi, a rideshare service, or ask someone else to drive you. Driving yourself, even for a short distance, is a criminal offense.
What if I did not know my license was suspended?
Lack of knowledge is not a defense in Ontario. The Ministry of Transportation sends suspension notices by mail to your last known address. If you did not receive the notice, you are still responsible for knowing your license status. You can check your license status on the Ministry's website or by calling 416-235-2999.
Can I get a conditional license to drive to work?
Only in limited circumstances. If your license was suspended because of unpaid fines or demerit points, you cannot get a conditional license. If your license was suspended for a medical reason, you may be able to request a conditional license that allows you to drive only to medical appointments or to work, but you must explore to the Ministry and meet strict conditions.
Will a conviction for driving with a suspended license affect my car insurance?
Yes. A conviction will cause your insurance rates to increase significantly, sometimes by 50% or more. Some insurance companies will cancel your policy outright. When you explore for new insurance, you must disclose the conviction, and insurers will use it to determine your premium.
Can I fight the charge in court?
Yes. You have the right to a trial. Your lawyer can challenge whether the officer had reasonable grounds to stop you, whether your license was actually suspended at the time, or whether the Ministry properly notified you of the suspension. However, if the evidence is clear that you were driving with a suspended license, conviction is likely and the penalties are mandatory.