Question: I made a bad decision and drove with my licence suspended. The policeman gave me a summons for “Drive Under Suspension.” What am I facing for drive suspended penalties? My licence was suspended for not paying a $5000 fine for driving without insurance from about 4 or 5 years ago. Is there any hope for the current charge and can I do anything about getting my licence back without paying the outstanding fine?

Answer: When it comes to being suspended due to unpaid fines the only way to get your licence back is to pay those fines. However, when I say pay I do not necessarily mean paying in full. The court can grant you extended time to pay if you can show proof that you are trying to pay the fine off. This means you have to pay a portion of the fine (usually suggest as much as you can possibly give) and then fill out a request for extension of time to pay at the court. It then goes before a Justice of the Peace who will decide how much more time you should be given. If the application for more time to pay is granted then you can reinstate your licence. I do suggest doing this as soon as possible as it can help your case in resolving the Drive Under Suspension charge.

With a Drive Under Suspension charge you are looking at some not so great penalties. If this is your first time getting this charge then you are faced with a minimum $1250 fine, and a manditory 6 month licence suspension. If this is a repeat charge for you then the fine can go from a minimum $2500 up to $6,250, you can face a jail sentence and you would still get the manditory licence suspension. It will depend on the Prosecutor you have, the Officer’s evidence against you, and what you have done to correct the suspension as to what can be done for you. If there is not a grounds to have the charge thrown out of Court, there is a posibility it could be reduced to a Drive No Licence charge which only carries a small set fine amount. If the Prosecutor is requesting a straight guilty plea, a counter-offer to a minor fine may be negotiated.

My suggestion would be contact us for further information and a quote to get the ball rolling as soon as possible.

Amanda Case-Licenced Paralegal