Fight Driving Without Licence Charges


Driving Without a License in Ontario 

In Ontario, it is essential to have a valid driver’s license that corresponds to the class of vehicle being driven. Whether driving without a license is a criminal offence depends on the situation and reason for doing so. Although driving without a license is not considered a criminal offence in Ontario, under the Highway Traffic Act, it is mandatory to have a license. Failure to follow this requirement may result in legal consequences. Drivers who hold expired licenses or do not have appropriate licenses are also considered unlicensed. Section 33(1) of the Act states that drivers must carry their license when operating a motor vehicle. If a driver fails to renew an expired license, they can be convicted of driving without a valid license. While forgetting a license at home is not grounds for arrest, driving without or with an expired license is a more severe offence.

Penalties for Driving Without a Licence

  • Minimum fine of $200, maximum $1000 
  • Conviction on your driving record for three years 
  • Seven-day vehicle impoundment 
  • Up to 6 months in jail 
  • Your insurance premiums could significantly increase due to being convicted of driving without a driver’s licence

If you possess a valid driver’s license but fail to present it to a police officer when requested, you may be charged with a traffic ticket that carries a fine of $110. This does not imply that you don’t have a license but that you neglected to surrender it upon demand, which is considered a traffic violation under the HTA. It is at the officer’s discretion to charge you with a traffic violation. Some police officers may give you the option to present your driver’s license on a specific date to avoid a fine, but this is not guaranteed. 

You’ve Been Charged – Now What?

  1. Stop driving – the last thing you want is to get another ticket for driving without a license. 
  1. It is advisable to hire a lawyer immediately. 

How to Fight a Driving Without a License in Ontario?

Hire a traffic lawyer or paralegal to represent you in court

*Remember, if you choose to simply pay the fine and not go to court, you are pleading guilty

It is highly recommended that you seek legal representation immediately if facing a driving without a license ticket. Having a lawyer represent you will significantly improve your chances of winning in court and avoid hefty penalties. If you choose not to hire representation, you must be ready to go through the complicated process alone. 

Why Hire a Traffic Lawyer?

As previously stated, hiring a traffic lawyer can improve your chances of winning in co rt if you have been caught driving without a license. And with a lawyer, you may not even need to attend court yourself. Fighting a driving without a license ticket on your own is time consuming and requires relevant knowledge and experience to achieve positive results in court. Therefore, working with a professional lawyer like XPolice is highly recommended to avoid frustrating outcomes.

Driving a Privilege

31 The purpose of this Part is to protect the public by ensuring that,

(a) the privilege of driving on a highway is granted to, and retained by, only those persons who demonstrate that they are likely to drive safely; and

(b) full driving privileges are granted to novice and probationary drivers only after they acquire experience and develop or improve safe driving skills in controlled conditions.  1993, c. 40, s. 1.

Section Amendments with date in force (d/m/y)

Driver’s Licence

32 (1) No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver’s licence issued to him or her under this Act.  R.S.O. 1990, c. H.8, s. 32 (1).


(2) No person shall drive a street car on a highway unless he or she holds a driver’s licence.  R.S.O. 1990, c. H.8, s. 32 (2).

Endorsement required

(3) No person shall drive on a highway a type of motor vehicle or combination of vehicles for which the regulations require a driver’s licence endorsement or in circumstances for which the regulations require a driver’s licence endorsement unless the person’s driver’s licence permits him or her to drive that class of motor vehicle or combination of vehicles and is endorsed to permit him or her to drive that type of motor vehicle or combination of vehicles or to drive in those circumstances, as the case may be.  2002, c. 18, Sched. P, s. 12 (1).

(4) Repealed:  2002, c. 18, Sched. P, s. 12 (1).

Have you received a driving without licence charge?

Call 1-888-XPOLICE (1-888-976-5423) for a FREE consultation!