Driving While Disqualified

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.

Driving while Disqualified – CCC 259.4

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 and
• liable to imprisonment for a term not exceeding five years; or
• is 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.

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 unless a judge says you are, not the police or the crown attorney.

It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal lawyer.

As a criminal defence lawyer I have years of experience drive disqualified and motor vehicle law. Together with my network of legal professionals I provide experienced legal representation for those looking to do everything possible to win and be properly represented in criminal court.

Knowing the court system, the crown attorney’s, police and judges and having them know you can have dramatic implications. Experience does count in criminal defence.

Your lawyer’s reputation can have a bearing as to how your case proceeds.  The court knows the criminal lawyers who fight for their clients and present compelling and aggressive defence arguments.

We stake our reputation on doing everything possible to win your case ensuring the best possible defence with the reviews and winnings to prove it.

Call today at 416-731-7113 to discuss your legal defence.