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Criminal Code s.320.18

Prohibited Driving charges in Burlington, Ontario.

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
Milton Courthouse (Ontario Court of Justice)
Court Phone
(905) 878-7281
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 Burlington

Burlington HTA and Provincial Offences Act matters are heard at the Halton POA Court on Palladium Way. Criminal matters from Burlington proceed at the Halton Region courthouse in Milton on Steeles Avenue.

Criminal Court

Milton Courthouse (Ontario Court of Justice)

491 Steeles Avenue East, Milton, ON L9T 1Y7

(905) 878-7281

All Halton Region criminal matters — Burlington, Milton, Oakville and Halton Hills.

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