“Driving While Under Suspension”

My husband has his license suspended and one day we were at a restaurant at a strip plaza and my husband moved my car from one parking spot to another within that same parking lot and an officer charged him with driving while under suspension and can now face jail time because of it. Is this not considered a private parking lot, he had no intension of driving on the road, he only moved the car

Was he suspended due to a criminal conviction (e.g. impaired driving, dangerous driving) or was it due to something HTA related (e.g. too many demerit points, careless driving conviction with a licence suspension, unpaid fines)...?

why did the officer stop your husband in the parking lot?

neo333 wrote:why did the officer stop your husband in the parking lot?

+1

That's a really good question...

This allegation surely does not meet the required elements of the charge.

"This allegation surely does not meet the required elements of the charge."

It sure does if it is a criminal code suspension. Criminal code suspensions are an "anywhere" offense.

The officer may have run the plate and noticed that it came back to a person who is suspended under the criminal code. Happens all the time.

OPS

OPS Copper wrote:Criminal code suspensions are an "anywhere" offense.

That's the big difference... as we know, an HTA-only suspension would not apply in a parking lot or driveway...

Radar Identified wrote:

OPS Copper wrote:Criminal code suspensions are an "anywhere" offense.

That's the big difference... as we know, an HTA-only suspension would not apply in a parking lot or driveway...

definition of highway includes "driveway"

The officer has to prove,

1. He was under suspension

2. He was driving a motor vehicle

3. He was driving on the roadway

If the officer did not see him driving on the roadway then the charge should be dropped. Unless your husband as numerous other driving convictions for driving while suspended it is very unlikely that he would go to jail.

As it is a serious charge you should consider having someone knowledgeable at court to represent you.