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
Newmarket Courthouse (Ontario Court of Justice)
Court Phone
(905) 853-4801
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 Newmarket
York Region criminal and civil matters are heard at the Newmarket courthouse on Eagle Street. Provincial offences from York Regional Police, OPP, and municipal enforcement are handled at the York Region POA court on Yonge Street.
Criminal Court
Newmarket Courthouse (Ontario Court of Justice)
50 Eagle Street West, Newmarket, ON L3Y 6B1
(905) 853-4801
All York Region criminal matters.
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