Driving Offences
Driving While Prohibited Lawyer in Canada
A driving while prohibited lawyer defends charges under Criminal Code, s. 320.18, and provincial legislation such as Ontario's Highway Traffic Act, s. 53. This page sets out what the offence covers, what the Crown must prove, the penalties on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.
Criminal Code, s. 320.18, and provincial legislation such as Ontario's Highway Traffic Act, s. 53·hybrid offence
What Driving While Prohibited covers in Canadian criminal law
Section 320.18 of the Criminal Code makes it an offence to operate a conveyance while prohibited from doing so by a court order made under the Criminal Code. It is a distinct criminal offence, separate from the provincial offence of driving while under suspension.
The parallel provincial offence, such as section 53 of Ontario's Highway Traffic Act, applies where the licence was suspended administratively, for unpaid fines, for demerit points or under a roadside suspension scheme. Which offence is charged depends entirely on the source of the prohibition.
Knowledge is an element of the criminal offence. The Crown must prove the accused knew of the prohibition, and service of the order or an acknowledgement in open court at sentencing is the usual proof. Section 320.18(2) provides a limited exception for participation in an approved ignition interlock program.
What the Crown must prove
The Crown carries the burden of proving every element beyond a reasonable doubt. A reasonable doubt on any one of them means an acquittal.
- A valid prohibition order under the Criminal Code was in effect
- The accused operated a conveyance during the prohibition period
- The accused knew of the prohibition order
- For provincial charges, that the licence was suspended and the driver was notified
- Identity of the driver and the date and jurisdiction of the alleged offence
Penalties and consequences on conviction
- A maximum of two years imprisonment on indictment under section 320.18
- A further and longer driving prohibition, which runs consecutively in many cases
- Vehicle impoundment and substantial provincial fines
- An additional criminal record entry for an administration of justice offence
- Serious difficulty obtaining insurance following reinstatement
Common defences
- Absence of knowledge of the prohibition, where the order was never properly served or explained
- The prohibition period had expired or the order had been varied
- The accused was not operating the conveyance, for example where they were a passenger
- The ignition interlock exception in section 320.18(2) applied
- Identification, particularly where the driver fled the scene
- Charter challenges to the lawfulness of the stop that revealed the prohibition
Driving while prohibited lawyer: frequently asked questions
- What is the difference between prohibited and suspended?
- A prohibition is a criminal court order made under the Criminal Code. A suspension is an administrative measure imposed by the provincial licensing authority. Driving contrary to a prohibition is a criminal offence under section 320.18; driving under suspension is a provincial offence.
- Can I drive with an ignition interlock during a prohibition?
- Section 320.18(2) creates an exception for a person registered in an approved provincial ignition interlock program who is complying with its conditions. The requirements are strict and vary by province, so the registration must be confirmed before driving.
- What if I did not know I was prohibited?
- Knowledge is an element of the criminal offence, so a genuine lack of knowledge is a defence. Because the prohibition is normally explained in open court and served in writing, the Crown usually has strong proof of knowledge, but service defects do occur.
Find a driving while prohibited lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Driving While Prohibited among their practice areas. Featured listings appear first.
Driving While Prohibited lawyers by province