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.
Charge
Criminal Code s.320.18
Jurisdiction
All of Ontario
Consultation
Free & Confidential
i.
What the charge means
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.
ii.
Penalties
Hybrid. On summary: up to 2 years less a day. On indictment: up to 10 years. Mandatory minimum fines and extension of the underlying prohibition. Criminal record on conviction.
iii.
Available defences
Knowledge of the prohibition (defective notice or service)
Necessity
Identification of the driver
Charter challenges to the stop
iv.
The process
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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