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 Milton
Halton Region criminal matters are heard at the Milton courthouse on Steeles. Halton POA charges from Burlington, Oakville, Milton, and Halton Hills are handled at the Halton Provincial Offences Court on Palladium Way in Burlington.
Criminal Court
Milton Courthouse (Ontario Court of Justice)
491 Steeles Avenue East, Milton, ON L9T 1Y7
(905) 878-7281
All Halton Region criminal matters — Milton, Burlington, Oakville and Halton Hills.
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