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Criminal Code s.320.18

Prohibited Driving charges in Windsor, 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
Windsor Courthouse (Ontario Court of Justice)
Court Phone
(519) 973-6600
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 Windsor

Windsor and Essex County criminal matters are heard at the Windsor Courthouse on Chatham Street East. Provincial offences are heard at the Windsor/Essex Provincial Offences Court at 400 City Hall Square East.

Criminal Court

Windsor Courthouse (Ontario Court of Justice)

200 Chatham Street East, Windsor, ON N9A 2W3

(519) 973-6600

Windsor and Essex County criminal matters. The Windsor Avenue courthouse handles Superior Court civil matters, not criminal.

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