The Additional Offense of Driving Under Suspension
Simply put if you are driving under suspension it means that you are driving a vehicle without the necessary documents. The necessary document is a license, and this has been suspended by a government body and you are not permitted to operate a motor vehicle. Should you decide to drive without a license you are guilty of an additional offence.
Different provinces in Canada have different laws for this offense. The amount of the penalty is determined by the frequency of this offense. There is also a possibility of a term of imprisonment. There can be more serious penalties depending on the reason of the offense.
The driver who is stopped by the police and is found to have a suspended license may be detained and arrested. It is possible that the vehicle will be seized awaiting the results of a trial. At trial the length of time in custody is determined.
By being considered disqualified this means that you have been disqualified following a criminal driving infraction. You are prohibited to drive anywhere in the country even on private property. The vehicles included are any heavy equipment or machinery and any type of motor that powers a vehicle including electrical power. There is a period of custody following the arrest. The court will evaluate the offence in relation to the location where the offence was perpetrated. The accused will then be fined or imprisoned.
The license can be suspended when you have neglected to pay family support that had been previously ordered by the court. If the driver makes the necessary payment to the court then the license is reinstated. As in a traffic violation suspension there is a fine and further infractions are dealt with a possible prison term.
The driver who has no liability insurance and has an accident may lose his license because he was unable to pay the damages. The license will only be reinstated when the driver pays the debt for the damages. Should this driver be stopped while driving under suspension he is penalized with fines and possibly prison depending on the frequency of the offence.
If you have been stopped for speeding or anything that would be considered stunt driving you would lose your license. If you decide to drive after suspension for these reasons then you can be liable to fines or imprisonment. If there are subsequent infractions there may be a term of imprisonment of up to ten years. In some provinces a license can be suspended because there is a point system in place and you have lost all your points.
If during the suspension the license expires that does not affect the suspension. Your license is suspended and paying the penalty or completing a prison term will be the only thing that will lift the suspension. It is also possible that the license to drive may be suspended for the number of demerit points that you have accumulated. The general rule is that first offenders rarely go to jail.
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