Quick Answer
Point Duty defends driving while prohibited charges under Criminal Code s.320.18 — a criminal offence separate from a provincial drive suspended ticket. The prohibition is a court order from an earlier sentence, and breaching it carries up to two years less a day summarily, plus a criminal record. A licensed paralegal can act; knowledge of the prohibition is the live issue.
Driving while subject to a court-ordered driving prohibition. A Criminal Code offence distinct from the HTA's Drive Suspended. Hybrid; on summary election within paralegal scope.
Section 320.18 of the Criminal Code prohibits operating a conveyance while subject to a court-imposed driving prohibition (typically arising from a prior impaired or dangerous driving conviction). Different from a provincial HTA suspension.
Hybrid. On summary: up to 2 years less a day. On indictment: up to 10 years. The court may impose a further driving prohibition, and may order it served consecutively to the existing one. Criminal record on conviction.
Operation while prohibited appears on the Law Society’s permitted list at s.320.18(1), among the four driving offences returned to paralegal scope. It is hybrid, so a paralegal acts on the Crown’s summary election. Where the paralegal scope line falls, and why.
If Crown elects summary, within paralegal scope. Disclosure review focuses on notice of the prohibition order and Charter compliance of any stop.
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