Driving While Disqualified

Driving While Disqualified

Drive while disqualified means the accused disobeyed a judge’s order not to drive.

Fighting Driving While Disqualified

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.

Where you or a loved one has been charged with driving while disqualified, call our office and speak to a lawyer today.

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What is Driving While Disqualified?

Driving while disqualified is a criminal offence in Canada. The offence occurs when an individual operates a 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 penalties for driving while disqualified can be severe and may include fines, imprisonment, and an extended period of disqualification.

Penalty for Driving While Prohibited

Driving while disqualified is a serious offence that occurs when a person disobeys a judge’s order not to drive.

This can lead to severe penalties, including:

  • fines
  • probation
  • jail for 30-90 days
  • forfeiture of the motor vehicle
  • increased terms of license suspensions
  • any other conditions deemed reasonable by the court

Repeat offenders may also face an additional one to three years of further license suspension.

Driving While Disqualified Trials

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.

Driving Disqualified Essential Elements of Charge

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.

Drive While Disqualified – Legal Definition

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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Drive While Disqualified – Vehicle Seizures

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.

Vehicles Taken Without Consent

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.

Experienced Legal Defence

Driving while Disqualified Lawyer Nicholas Charitsis“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 416-731-7113 to discuss your defence options.

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