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
Orillia Courthouse (Ontario Court of Justice)
Court Phone
(705) 326-2671
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 Orillia
Orillia-area criminal matters are heard at the Orillia Courthouse on Memorial Avenue. Provincial offences are handled by the Orillia Provincial Offences Court on West Street South — a separate court service area from Barrie, with its own office and its own trial dates.
Criminal Court
Orillia Courthouse (Ontario Court of Justice)
700 Memorial Avenue, Cottage C, Orillia, ON L3V 0T7
(705) 326-2671
Orillia and area criminal matters. Separate from the Barrie courthouse on Mulcaster Street.
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