Everyone is entitled when charged with a criminal offence to defend themselves in court. You may feel that if the police have arrested you for driving while disqualified that you’re automatically guilty, which is wrong.
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.
The law on driving while prohibited is strict, and the police and the crown attorney must do everything properly and legally to obtain a conviction against the accused. There are defences drive disqualified and 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:
- the 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.
You’re not guilty of Driving While Disqualified unless a judge says you are, not the police or the crown attorney.
