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.
Courthouse
Durham Region Courthouse (Ontario Court of Justice)
Court Phone
(905) 743-2600
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. The court may impose a further driving prohibition, and may order it served consecutively to the existing one. 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.
v.
Notes for Ajax
Ajax traffic tickets are heard at the Durham Provincial Offences Court in Whitby; criminal matters at the Durham Region Courthouse in Oshawa.
Criminal Court
Durham Region Courthouse (Ontario Court of Justice)
150 Bond Street East, Oshawa, ON L1G 0A2
(905) 743-2600
All Durham Region criminal matters, including Ajax.
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