Can You Go to Jail for Driving Without a License in Ontario?
You probably learned that you should follow traffic regulations long before you got behind the wheel of a motor vehicle for the first time. Some of those rules revolve around speed limits, slowing down for passengers to cross a street, and carrying a valid driver’s licence every time you operate a motor vehicle.
Unfortunately, even the best of drivers make mistakes. It is not uncommon for a driver to accidentally leave their driver’s license at the workplace, home, or gym or to unintentionally drive a car without it. This leads to an important question, ‘Can you go for jail for driving without a license in Ontario?’
Driver’s License Is a Legal Requirement
The Ontario Highway Traffic Act requires all drivers in the province to carry a valid driver’s licence when operating motor vehicles on all public roadways. The legal requirement applies to all types of driver’s licenses, such as G2 licenses, G-class licenses, M-class licenses, G1 licenses, and more.
Imagine you drove to pick up your teen at soccer practice. While waiting at a nearby parking lot, you remember that you forgot your driver’s license at home. On your way back home, the unthinkable happens: your car is pulled over during random police checks, and you are caught driving without a license. The police will simply assume you do not have one.
In this case, it is up to the police officer to choose whether to give you a warning or issue you a traffic ticket. If the police officer decides only to give a warning, you will be required to provide your name and address for identification. However, if the officer chooses to issue you a ticket, it is now your duty to produce your valid driver’s licence in court to avoid penalties.
Forgot to Carry Your Driver’s Licence?
In some cases, like the example above, you may realize that you forgot to carry your license after being pulled over. Sure, you already own a license but cannot prove it to an officer at a random checkpoint. So, is there another option or alternative to not having your license card with you while driving?
No. Currently, the Ministry of Transportation does not accept photographs of driver’s licenses in lieu of the actual document. After all, it will be challenging for the traffic police to verify the photo for license card authenticity.
Unlicensed Driver
You may be considered an unlicensed driver due to a license suspension, your license being declared inappropriate, or your license being taken away. In addition, you may be an unlicensed driver because you did not go through the proper process to acquire a license, you were denied the license, or it expired, and you did not renew it.
In Ontario, anyone operating a vehicle without the right professional qualifications is considered an unlicensed driver. Shockingly, approximately 2,000 fatal and injury accidents happen annually and often involve drivers without a license card. About one in every 14 fatal accidents involves unlicensed drivers.
Caught Driving Without a License Card
In Ontario Province, it is a violation of the law to drive without a valid license card. According to the Canadian Criminal Code, it is illegal for an individual to drive a vehicle when they lack the appropriate qualifications. Having a valid license shows that you meet the legal qualifications to be a driver.
If you are pulled over and caught driving without a valid license in Ontario, your vehicle may be impounded for at least seven days. This applies to even novice drivers who may violate GDL regulations. Remember, the Highway Traffic Act warns that driving without a valid driver’s license is a serious offence punishable with a minimum fine of $200 and a maximum fine of $1,000.
A breach of the GDL program requirements can lead to license suspension for novice drivers. Ontario’s MOT offers a graduated driver licensing program for Canadians 16 years or older. The program gives these drivers more privileges as they pass the relevant exams, gain actual driving experience, and demonstrate their commitment to following traffic laws.
Teenagers are required to complete a vision test and written examination to get a G1 driving license. Next, they must pass an on-road exam to get a G2 license and complete their final in-car road examination to become fully licensed drivers.
Failed to Renew Your Driver’s Licence
Your license card expiry date often syncs up with the expiry period of the license plate sticker. In 2021, Ontario Province reinstated the renewal conditions for license plate stickers, driver’s licenses, and license plates. Drivers can now receive timely reminders from ServiceOntario regarding their renewal date. Once you get the reminder, you can easily renew your license card and other documents through serviceontario.ca.
If you have an expired license and have been that way for an extended period, you may need to start the licensing process. For instance, if your license card expired three or more years ago, you will have to apply for a driver’s license. You will be required to meet all relevant requirements associated with graduated licensing, like passing both G1 and G2 tests.
Consequences of Driving Without a License
To be eligible to drive legally, you must have a valid driver’s licence of the specific vehicle class you intend to drive. Even if your driver’s license expired and you failed to renew it, you may be found guilty of operating any vehicle without proper licensing. If you are convicted of driving without a license, the penalties may include:
- Fines ranging between $200 and $1,000
- Demerit points
- A three-year conviction on your driving record
- Potential jail time
- Insurance implications such as an increase in your auto insurance rates
There are different situations involving driving without a license. These include:
You Never Applied for a Driver’s Licence
Under Section 32(1) of the Ontario Highway Traffic Act, no one should drive a motor vehicle on highways unless the vehicle is within the appropriate motor vehicle class in respect of which the driver holds a valid driver’s licence issued under this law. If you are charged with driving without a licence card, these charges often lead to a ticket.
Tickets often carry a $260 court fine and an extra $5 court cost. You will not get demerit points, but a ticket will lead to a conviction that will remain on your driving record for three years. This can affect the cost of your insurance coverage.
Driving with a Suspended License
The Ministry of Transportation, court, or government can suspend your driver’s licence for many reasons, such as a DUI conviction and accumulated demerit points. If you are found guilty of driving with a licence suspension, you face a minimum fine of $1,000 and up to $ 5000 fine for your first offence.
A subsequent offence will be punishable by up to $ 5,000 or up to 6 months imprisonment. A license suspension simply means that a driver has been banned from driving a vehicle on any Ontarian roadway. Thus, you cannot drive if your licence has been suspended.
Impact on Your Car Insurance Rates
If you are convicted of charges related to driving without a licence in Ontario, the offence will stay on your record for 3 years. Such a record can have significant insurance implications, such as an increase in your insurance premiums. This is because an auto insurance company designs insurance policies with the assumption that you are legally authorized to drive a motor vehicle.
If you get involved in a car accident and do not have a valid driver’s license, your insurer can legally refuse to cover the resulting damages. Thus, you can be responsible (pay out of your pocket) for the injuries and property damage resulting from such an accident.
Can You Purchase a Car Without a Driver’s Licence?
Yes. It is possible to purchase a car even when you do not have a driver’s license. Car dealers often ask for a valid government-issued identity card and the finances needed to pay for the car. However, you will not drive your car unless you have a license.
Suppose you purchase a brand-new car that has never been insured, and you do have a license. In that case, you can transport it to your home through a low truck or buy insurance, then get a friend or family member with a valid driver’s license to drive the vehicle to your home.
Conclusion
Generally, driving in Ontario is a privilege and not a right. Even when you pass your driving tests and pay all relevant MTO fees, you must carry your driver’s license every time you want to drive. Remember, the province has implemented strict laws to protect all road users and promote safe driving.
Therefore, choosing to drive without a licence comes with significant risks. The penalties for such charges include demerit points, hefty fines, vehicle impoundment, and jail time of up to six months. Other punishments for being caught driving without a license may include licence suspension and harsher penalties for any other criminal charges that may arise.
It is also important to mention that your insurance coverage is only valid if you are legally authorized to operate a motor vehicle. That means you must have a valid licence to keep your vehicle insurance policy valid. If you violated any driving laws or you are caught driving without a license, consult an experienced lawyer.
CAUTIONARY WARNING: these writings are intended by Costa Law Firm Professional Corporation to serve strictly for promotional purposes and are not to be considered to be legal advice to the reader’s particular situation – ALWAYS actively consult directly and exchange particular information with a licensed lawyer or paralegal as appropriate in the circumstances.
David Costa
Dir.(416)788-6329
