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
Orangeville Courthouse (Ontario Court of Justice)
Court Phone
(519) 941-0231
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 Caledon
Caledon traffic and Provincial Offences Act matters from Caledon OPP and the Town of Caledon bylaw are heard at the Caledon POA Court on Old Church Road. Criminal matters from Caledon proceed at the Orangeville Courthouse on Louisa Street.
Criminal Court
Orangeville Courthouse (Ontario Court of Justice)
10 Louisa Street, Orangeville, ON L9W 3P9
(519) 941-0231
Criminal matters from Caledon and Dufferin County.
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