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
Guelph Courthouse (Ontario Court of Justice)
Court Phone
(519) 826-4431
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 Guelph
Guelph and Wellington County criminal matters are heard at the Guelph Courthouse on Wyndham Street South. Provincial offences from Guelph Police, OPP Wellington County and municipal enforcement are heard at the Guelph Provincial Offences Court on Carden Street.
Criminal Court
Guelph Courthouse (Ontario Court of Justice)
36 Wyndham Street South, Guelph, ON N1E 4M6
(519) 826-4431
Guelph and Wellington County criminal matters. The Woolwich Street courthouse handles civil, family and small claims, not criminal.
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