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Criminal Code s.320.18

Prohibited Driving charges in Ottawa, 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
Ottawa Courthouse (Ontario Court of Justice)
Court Phone
(613) 239-1255
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 Ottawa

Ottawa hears matters from Ottawa Police, OPP, and RCMP traffic across the National Capital Region. We make regular trips and accept retainers Ontario-wide.

Ottawa Courthouse (Ontario Court of Justice)

161 Elgin Street, Ottawa, ON K2P 2K1
(613) 239-1255

Charged with prohibited driving?

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