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Criminal Code s.320.18

Prohibited Driving charges in Toronto, Ontario.

Quick Answer — Toronto

Point Duty defends driving while prohibited charges under Criminal Code s.320.18 — a criminal offence separate from a provincial drive suspended ticket. The prohibition is a court order from an earlier sentence, and breaching it carries up to two years less a day summarily, plus a criminal record. A licensed paralegal can act; knowledge of the prohibition is the live issue.

Driving while prohibited usually traces back to a court order made after an earlier conviction for impaired or dangerous driving, and at the Armoury Street courthouse in Toronto the Crown has to prove the person drove knowing they were prohibited — rarely a hard hill when the prohibition was pronounced in open court with the driver standing there. Most of these surface through a plate check: many Toronto police vehicles now carry automatic licence plate readers, and a hit flags the plate's registered owner as a prohibited driver, though manual plate queries and ordinary traffic stops turn up just as many. It rarely comes down to a provincial offence — sometimes an HTA drive suspended — because the charge grows out of a court order, and the court does not take kindly to its orders being disregarded. With jail, a criminal record and a further prohibition stacked on the one already running all on the table, the first thing Point Duty Traffic Court Defence and Legal Services reads is the charge screening form, to see whether the prosecution is seeking jail.

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
Toronto Courthouse (Ontario Court of Justice)
Court Phone
(416) 327-5707
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 Toronto

Toronto runs three Provincial Offences courts, not one — Toronto South on Front Street East, Toronto East on Markham Road, and Toronto West on Eglinton Avenue West. Which one hears your ticket is set by where it was issued. Summary criminal charges go to the Toronto Courthouse at 10 Armoury Street. We appear at all four.

Criminal Court

Toronto Courthouse (Ontario Court of Justice)

10 Armoury Street, Toronto, ON M5T 0C2

(416) 327-5707

All Toronto criminal matters. Consolidated the former Old City Hall, College Park, 1000 Finch West, 2201 Finch West, 1911 Eglinton East and 311 Jarvis courthouses in March 2023.

Local practice notes reviewed 2026-09-01

Common Questions — Toronto

Where is a prohibited driving charge heard in Toronto?

Toronto prohibited driving matters are heard at Toronto Courthouse (Ontario Court of Justice), 10 Armoury Street, Toronto, ON M5T 0C2. The court's number is (416) 327-5707. Point Duty appears there.

Who lays prohibited driving charges in Toronto?

In Toronto, prohibited driving charges are laid by Toronto Police Service, OPP and RCMP. The charge is then heard at Toronto Courthouse (Ontario Court of Justice).

How long does a prohibited driving charge take in Toronto?

Point Duty Traffic Court Defence and Legal Services sees Toronto criminal matters take 8 to 15 months to complete, despite the Chief Justice of Ontario's directive that a matter be set down for trial or resolved with a plea within six months.

How does the Crown handle prohibited driving in Toronto?

Point Duty Traffic Court Defence and Legal Services finds that, depending on the nature and seriousness of an offence, a Toronto Crown does offer diversion, a peace bond, or a conditional or absolute discharge. On occasion they may resolve a matter with a donation to a charity, though that is occasional and dependent on the Crown.

Do I have to attend court in person in Toronto?

Toronto criminal court does run virtual appearances. At case management stages the appearances can be virtual, although the accused person can appear in person if they wish. Generally, you only need to appear in person if there is going to be a guilty plea, and if you ask the court for permission to appear virtually for a guilty plea, it is often granted where jail is not on the table. For the moment, peace bonds can be heard virtually. Trials, however, have to be done in person unless there are some extreme extenuating circumstances.

What else should I know about Toronto Courthouse (Ontario Court of Justice)?

All the courts that used to be spread across Toronto are now in one place. It is easy to reach by transit on the University line of the subway, and there is paid parking in the area. Everyone has to go through security. The case management courts are usually on the second floor, in front of a justice of the peace, but when things are taking too long they end up in front of a judge, usually on the eighth floor — which is also where a guilty plea before a judge is usually done. The case management drug court is on the tenth floor. Paralegals cannot handle youth matters; the youth courts are on the sixth floor. The Chief Justice has issued a directive that matters must be set down for trial or resolved within six months, and the court is not too backed up anymore.
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