The crown attorney and courts will consider any incident of driving while disqualified a serious criminal event. In that a judge has ordered the accused not to drive and the accused has wilfully disobeyed a judge’s order.
Most crown attorneys when initially reviewing drive disqualified charges will be considering that a period of jail from thirty (30) to ninety (90) days is the appropriate penalty.
The penalty may also include;
- forfeiture of the motor vehicle
- probation
- increased terms of licence suspensions
- fines, and any other conditions or penalties that the court may consider reasonable
Where the accused is convicted of driving disqualified, the court will usually add an additional one (1) to (3) years of further licence suspension.
It’s your right under Canadian law to have a lawyer challenge the evidence of the police, to have a Judge hear what happened and for the judge to make a decision about the guilt or innocence, not the police.
You’re not guilty unless a judge says you are, not the police or the crown attorney.
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