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Criminal Code s.320.18

Prohibited Driving charges in Kitchener, 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
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 Kitchener

Waterloo Region criminal matters are heard at the Kitchener courthouse on Frederick Street. Provincial offences from across the region — Kitchener, Waterloo, Cambridge and the townships — are heard at the Waterloo Region POA court on Queen Street North.

Criminal Court

Kitchener Courthouse (Ontario Court of Justice)

85 Frederick Street, Kitchener, ON N2H 0A7

(519) 741-3200

All Waterloo Region criminal matters — Kitchener, Waterloo, Cambridge and the townships.

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