Driving while disqualified is a criminal offence in Canada. The offence occurs when a person drives any type of motor vehicle when they have been prohibited from driving by a judge.

The judge prohibits the driver from driving because of a conviction to a criminal driving offence. This can happen for a variety of reasons, including impaired driving, drinking and driving offences, including refusing a breathalyzer or dangerous driving.

The driver is prohibited from operating anything that is pushed, pulled or driven by any sort of engine, anywhere in Canada.  This includes all motor vehicles, construction equipment, electric bicycles and even riding lawn mowers.

When a charge of driving while disqualified comes before the court, it is treated as a serious offence. Both the Crown Attorney and the judge view this charge as significant for three key reasons:

• A judge has already issued a clear order prohibiting the person from driving, meaning the accused was expressly told by the court that they were not permitted to operate a motor vehicle.
• The driving prohibition arose from a prior criminal driving conviction, which tells the court the accused has already been before the criminal justice system for a serious driving-related offence.
• The accused is alleged to have knowingly driven despite that prohibition, suggesting a conscious decision to ignore both the prior conviction and the authority of the court.

By operating a motor vehicle in these circumstances, the accused is alleged to have committed multiple violations at once:

• Driven unlawfully, by operating a motor vehicle while legally prohibited from doing so under a court order.
• Disobeyed a direct order of the court, which the justice system treats as a serious breach of judicial authority and respect for the rule of law.
• Disregarded the underlying criminal conviction, reinforcing the court’s concern that prior penalties and warnings were not effective.

For these reasons, driving while disqualified cases are often approached by the court with the expectation of meaningful consequences, including a high likelihood of jail, fines, probation, extended licence suspensions, and other court-imposed conditions.

The law on driving while prohibited is strict, both for the accused and the police.

The police and the crown attorney must do everything properly and legally to obtain a conviction against the accused. There are defences to drive disqualified.

When we review your case and the reasons for driving with the crown attorney there maybe compromises or resolutions to avoid the accused going to jail.

In a drive disqualified case the police and prosecution must to prove:

• prohibition order made by the court
• that the vehicle was a motor vehicle as defined in the Criminal Code of Canada
• that the police arrested and charged the driver properly without violating their rights
• that all documentation (the paperwork) is proper
• the trial is within in a reasonable period of time

These and many other issues may present a defence to a criminal charge.  Not all criminal cases go to trial. Many times where are resolutions and reduced charges that maybe agreeable to the accused to avoid the implications of the penalties of a criminal conviction.

Driving while Disqualified – CCC 320.18

Every driver who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from driving is:

• guilty of an indictable offence
• liable to imprisonment for a term not exceeding five years
• guilty of an offence punishable on summary conviction.

Drive while disqualified is a judge’s order that the accused shall not drive a motor vehicle anywhere in Canada. The Criminal Code of Canada makes it a serious criminal offence to disobey an order imposed by a judge.

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Where a prohibited driver is found driving a motor vehicle the police may seize the vehicle for forty five (45) days.

Where the driver was not the owner of the vehicle, the vehicle maybe released where the owner proves to the arresting officer that:

• the vehicle had been stolen from the owner
• the vehicle was taken without the consent of the owner acting reasonably

The owner of the vehicle is responsible for all towing and pound fees, regardless if they were the driver or not.

Where the officer refuses or is unable to release the vehicle, the owner must make an application for a judge’s order of release made by application to the court.

Where the vehicle was taken without the consent of the owner, the owner may make an application to the court for its release.

A Justice must review the circumstances of the incident.

At the application to release the vehicle the judge will consider:

• did the driver take the vehicle without the consent of the owner
• will the continued seizure would unreasonably penalize the owner
• did the owner take reasonable precautions to ensure the driver did not have access to the vehicle
• how will the owner ensure that the accused does not repeat the incident

Where the Justice believes that the owner did not facilitate the driver to operate the motor vehicle the judge may order that the vehicle be released.

“You can only be found guilty of Driving While Disqualified if a judge says so, not the police or the prosecution.

It’s important to have an experienced criminal defence lawyer by your side to defend your rights and challenge the evidence presented against you.

As a criminal lawyer with years of experience in drive disqualified and motor vehicle law, I can help you navigate the court system and fight for a withdrawal.

Together with my team of top Toronto criminal lawyers and legal professionals, we provide aggressive and effective representation in court.

Call me today at 647-930-0200 to discuss your defence options.