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
Kitchener Courthouse (Ontario Court of Justice)
Court Phone
(519) 741-3200
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 Cambridge
Cambridge has no courthouse. Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street, and provincial offences at the Waterloo Region POA court on Queen Street North in Kitchener.
Criminal Court
Kitchener Courthouse (Ontario Court of Justice)
85 Frederick Street, Kitchener, ON N2H 0A7
(519) 741-3200
All Waterloo Region criminal matters — Cambridge, Kitchener, Waterloo and the townships. There is no criminal court in Cambridge.
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