Driving while disqualified and prohibited from driving is a criminal charge that can result in a jail term.  Contact OTT Legal to get help now.

Where the licence suspension is from a criminal driving conviction.

• Everyone who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so,
• is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
• is guilty of an offence punishable on summary conviction.

“Motor vehicle” means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment. This includes, any farm machinery, construction machines, and any vehicle that has an engine attached to it.

For the purposes of this section, disqualification from driving means;

• a prohibition from operating a motor vehicle, vessel or aircraft under a court order.
• a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft.

Where a police officer finds a driver operating a motor vehicle and their licence has been suspended as a result of a criminal conviction, criminal court judgement and they have been disqualified from driving, the police officer may charge the driver with either;

• Driving While Suspended under the Highway Traffic Act of Ontario section 53, or
• Driving While Disqualified under the Criminal Code of Canada.

Driving while Suspended under the Highway Traffic Act is a provincial offences law and driving while disqualified is considered a criminal law against the Criminal Code of Canada.

The penalties for driving while disqualified are harsh, as the justice system perceives the violation as the accused has directly violated a Provincial Judges direct orders not to drive.

• The police officer may immediately impound and hold the vehicle driven for 45 days
• The owner is responsible for the cost of the impoundment.
• Additional one year licence suspension.
• A fine of not less than $5,000 and not more than $25,000; and
• Jail for a term of not more than six months, or to both.
• Subsequent offences a fine of not less than $10,000 and not more than $50,000,

Drive while disqualified charges, the crown attorney will want to consider a period of jail because the driver has defied a criminal court judges order which is considered a serious criminal offence in Canada.

OTT Legal are experts in traffic ticket and criminal offences, with criminal lawyers ready to provide the best defence for your charge.  There is no charge to discuss your case, find out the facts and how we can help you.

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