What the law says about driving on a suspended license in New Brunswick

In New Brunswick, driving while your license is suspended is a criminal offense under the Motor Vehicle Act. If a police officer stops you and your license status shows as suspended, you will be charged. The charge itself — operating a motor vehicle with a suspended license — carries mandatory penalties that increase based on how many times you have been convicted of the same offense.

The suspension itself is separate from the charge. Your license can be suspended for unpaid traffic fines, failure to pay child support, medical reasons, or accumulation of demerit points. Driving during that suspension period, regardless of why it was imposed, is illegal. You cannot drive to work, to court, to pay the fine that caused the suspension, or for any other reason.

New Brunswick does not issue restricted licenses or work permits that allow you to drive during a suspension. If your license is suspended, you have no legal right to operate a motor vehicle on any public road in the province.

Key Takeaways

  • Driving on a suspended license in New Brunswick is a criminal offense with mandatory fines starting at $500 for a first offense and increasing to $1,000 or more for repeat offenses.
  • A conviction results in a criminal record, which affects employment, travel, insurance, and housing applications.
  • You can be charged even if you were unaware your license was suspended, so checking your status before driving is essential.
  • New Brunswick does not issue work permits or restricted licenses during a suspension, so there is no legal way to drive.
  • If your suspension was caused by unpaid fines or child support arrears, paying what you owe is the only way to restore your license.

Penalties for a first offense

A first conviction for driving with a suspended license in New Brunswick carries a mandatory minimum fine of $500. The court can impose a fine up to $2,000. In addition to the fine, you may receive a jail sentence of up to six months, though jail time is less common for a first offense unless other aggravating factors are present (such as causing an accident or having passengers in the vehicle).

You will also receive a criminal record. This record shows up on background checks for employment, professional licensing, housing applications, and travel. Some employers will not hire you; some landlords will not rent to you. The record remains on file indefinitely in New Brunswick unless you later receive a pardon from the National Parole Board of Canada.

Your vehicle may be impounded. Police have the authority to seize the vehicle you were driving and hold it at an impound lot. You will be charged storage and retrieval fees, which can range from $150 to $300 or more depending on how long the vehicle is held.

Penalties for repeat offenses

A second conviction within ten years carries a mandatory minimum fine of $1,000 and a possible jail sentence of up to one year. A third or subsequent conviction carries a mandatory minimum fine of $2,000 and a possible jail sentence of up to two years.

Each conviction adds another criminal record entry. If you are convicted multiple times, your employment prospects, insurance rates, and ability to travel across borders all become significantly more difficult. US border agents, for example, may deny you entry based on criminal convictions.

The court may also impose a driving prohibition — a court order that forbids you from driving for a set period after your sentence ends. This is separate from the original suspension and extends the total time you cannot legally drive.

How to check if your license is suspended

You can check your license status online through the New Brunswick Department of Transportation and Infrastructure's driver services portal. You will need your driver's license number and date of birth. The status will show whether your license is valid, suspended, or cancelled.

You can also call the Driver Licensing office at 1-888-762-8600 (toll-free in New Brunswick) or visit a Service New Brunswick office in person. Have your license number ready. If your license is suspended, the staff member will tell you the reason and what you need to do to restore it.

If you are unsure whether your license is valid, do not drive. A conviction for driving on a suspended license will occur whether you knew about the suspension or not. Ignorance is not a defense in court.

Why your license was suspended and how to restore it

New Brunswick suspends licenses for several reasons: unpaid traffic fines or court-ordered fines, failure to pay child support, medical conditions that make you unsafe to drive, or accumulation of demerit points (12 or more points within a two-year period). The reason determines what you must do to restore your license.

If the suspension is due to unpaid fines, you must pay the full amount owed. Contact the court or the fines collection unit to confirm the exact amount and payment method. Once payment is received and processed, your license will be restored. Processing can take several business days.

If the suspension is due to child support arrears, you must contact Family Services to arrange payment or a payment plan. Once arrears are paid or a plan is in place, the suspension will be lifted.

If the suspension is medical, you must obtain a medical clearance from a physician and submit it to the Department of Transportation. The department will review the clearance and restore your license if you are deemed fit to drive.

If the suspension is due to demerit points, you must wait out the suspension period (usually 30 days for the first suspension, longer for repeat suspensions). You cannot shorten this period by paying a fee or taking a course.

What to do if you are stopped while suspended

If a police officer stops you and your license is suspended, you will be charged. Do not argue with the officer or claim you did not know. Provide your license and vehicle registration. You have the right to remain silent beyond providing identification and vehicle documents.

The officer will issue you a ticket or summons. This document will state the charge, the court date, and your release conditions (if any). Read it carefully and keep it safe. If you do not appear in court on the date listed, an arrest warrant may be issued.

Contact a lawyer as soon as possible. Many lawyers offer free initial consultations. A lawyer can review the circumstances of the stop, advise you on your options, and represent you in court. Some charges can be reduced or withdrawn if the stop was improper or if other legal issues explore.

Consequences beyond the fine and criminal record

A criminal conviction for driving with a suspended license affects your ability to cross the US border. US Customs and Border Protection may deny you entry or require you to explore for a waiver, which is time-consuming and not always granted. This applies even if you are a Canadian citizen.

Your auto insurance rates will increase significantly if you are convicted. Some insurers will not renew your policy at all. You may be forced to use high-risk insurance pools, which charge much higher premiums. If you caused an accident while driving suspended, your insurer may deny your claim entirely.

Employment in certain fields becomes difficult or impossible. Positions that require a clean driving record — delivery, transportation, sales, or any job involving a company vehicle — will be closed to you. Professional licenses (real estate, securities, etc.) may be suspended or revoked.

Frequently Asked Questions

Can I drive to the courthouse to pay my fine and restore my license?

No. Driving while suspended is illegal regardless of your reason for driving. You must use another method to reach the courthouse: public transit, a taxi, a friend, or paying the fine by phone or mail. Many courts accept payment by phone or online.

What if I did not know my license was suspended?

Lack of knowledge is not a defense. The law holds you responsible for knowing your license status. Check your status before every drive if you have any doubt. If you are convicted, the court will not reduce the penalty based on your claim that you did not know.

Can I get a work permit to drive during my suspension?

No. New Brunswick does not issue work permits, restricted licenses, or any form of limited driving privilege during a suspension. Your only option is to restore your license by addressing the reason for the suspension.

Will the criminal record go away after a certain time?

A criminal record for driving with a suspended license does not automatically disappear. You can explore for a pardon (now called a Record Suspension) through the National Parole Board of Canada, but you must wait a set period after your sentence ends (usually five years for summary convictions). The pardon does not erase the record; it seals it so it does not show up on most background checks.

What happens if I cause an accident while driving suspended?

You will face the criminal charge for driving suspended plus any charges related to the accident (careless driving, dangerous operation, etc.). Your insurance will likely deny your claim because you were breaking the law. You could be held personally liable for all damages. The penalties and criminal record will be more severe than if you had straightforward been stopped without an accident.