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Criminal Code s.320.18

Prohibited Driving charges in Welland, 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
Welland Courthouse (Ontario Court of Justice)
Court Phone
(905) 735-0010
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 Welland

Welland criminal matters are heard at the Welland Courthouse on East Main Street. Provincial offences from all twelve Niagara municipalities are heard at the Niagara Region POA court, further along the same street.

Criminal Court

Welland Courthouse (Ontario Court of Justice)

102 East Main Street, Welland, ON L3B 3W6

(905) 735-0010

South Niagara criminal matters. North Niagara matters are heard at the St. Catharines courthouse on Church Street.

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