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Criminal Code s.320.18

Prohibited Driving charges in Oshawa, 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
Durham Region Courthouse (Ontario Court of Justice)
Court Phone
(905) 743-2600
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 Oshawa

Durham Region summary criminal matters (Pickering, Ajax, Whitby, Oshawa) are heard at the Durham courthouse on Bond Street in Oshawa. HTA tickets and POA matters from Durham Regional Police and OPP East are routed to the Rossland Road POA office in Whitby.

Durham Region Courthouse (Ontario Court of Justice)

150 Bond Street East, Oshawa, ON L1G 0A2
(905) 743-2600

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