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Criminal Code s.320.18

Prohibited Driving charges in Toronto, 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
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. 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 Toronto

Toronto's POA matters are heard at 137 Edward Street; summary criminal charges are heard at the new Toronto Courthouse on Armoury Street, College Park, and the Ontario Court of Justice at Old City Hall (where still in operation). We appear at all of them.

Toronto Courthouse (Ontario Court of Justice)

10 Armoury Street, Toronto, ON M5T 0C2
(416) 327-5707

Charged with prohibited driving?

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