Point DutyTraffic Court Defence and Legal Services
Criminal Code s.320.18

Prohibited Driving charges in Mississauga, 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
Ontario Court of Justice — Brampton
Court Phone
(905) 456-4700
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. Mandatory minimum fines and extension of the underlying prohibition. 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 Mississauga

Peel Region's largest city and one of our home jurisdictions. Charges out of Peel Regional Police, OPP Port Credit, and the QEW are routinely heard at the Mississauga courts. Adjacent to Toronto and Hamilton — we appear at all three weekly.

Ontario Court of Justice — Brampton

7755 Hurontario Street, Brampton, ON L6W 4T1
(905) 456-4700

Charged with prohibited driving?

Defence starts with a conversation.

Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.