Criminal Charges

Criminal Charges

Driving While Disqualified

Driving while Disqualified is a criminal charge under the Criminal Code of Canada. 

Driving while Disqualified is the criminal version of Driving While Suspended under the Highway Traffic Act of Ontario.

The difference between Driving while Disqualified and Driving while Suspended is that for driving while disqualified a Provincial Court Judge has ordered that the accused not drive a motor vehicle as a result of a Criminal Code of Canada conviction.

For example the accused was found guilty of an impaired driving, or a dangerous driving charge, and court ordered a suspension or prohibition of the driver’s licence. The accused was then ordered not to drive a motor vehicle anywhere in Canada.

The prohibition includes any type of motor vehicle powered by any type of engine, including tractors, heavy equipment or machinery operated anywhere in Canada including on private property.

The driver can be arrested, held in custody and the police can seize the motor vehicle.

Since a Provincial Court Judge has ordered the suspension, disobeying the judge’s order is considered a very serious offence. At the trial the crown attorney will be seeking to send the accused to jail, usually considering a period of at least ninety (90) days to be an appropriate sentence.

There is no charge for an initial consultation of your case and we can explain to you the implications and a defense for you in court.

Call us now to discuss your case at 1.888.668.8946, or contact the office in your area >