Criminal Law
Operation While Prohibited
Criminal Law
Operation While Prohibited
Prohibition from driving or operating any other vehicles, such as boats, is imposed on someone as part of their sentencing for a criminal offence. If you are unfairly facing such legal penalties, you can always rely on our Criminal Defence team at Nanda and Associate Lawyers to fight on your behalf until they are overturned.
For example, a conviction in driving-related offences such as impaired driving or dangerous driving might lead to a short-term or lifetime ban on driving. If you are currently under such a prohibition, consult with our criminal defence lawyers to explore the legal options to overturn it. Any violation of such a prohibition is a criminal offence leading to a potential jail sentence.
What constitutes the offence of operation while prohibited?
Section 320.18 (1) of the Criminal Code defines this offence as operating a form of conveyance when they are prohibited:
- by a court order issued under the Act or
- by a legal restriction imposed by a provincial law or an act of the parliament.
Exceptions allowed:
The only exception is mentioned under Section 320.18 (2), which allows the operation of a motor vehicle registered with the provincial alcohol ignition interlock device program while complying with its conditions.
What are the legal penalties for the offence of driving while prohibited?
It is a hybrid offence, in which the Crown will choose either the summary conviction or the indictable offence route depending on the aggravating factors associated with the act. While the Criminal Code does not prescribe any mandatory minimum sentence for this offence, the maximum legal penalties applicable are the following.
- Indictable offence: A maximum sentence of up to 10 years in prison.
- Summary conviction: A maximum sentence of up to two years less a day and a possible fine of up to $5,000.
How can our criminal defence lawyer help you with the case?
Depending on the circumstances of your case, it might be possible for a criminal defence lawyer to successfully counter the charges laid against you and, in some cases, even justify your action of driving while under prohibition. An experienced lawyer might employ any of the following legal defences in your case.
Provincial alcohol ignition interlock program
As mentioned above, this is an exception mentioned under the Criminal Code. Your lawyer will have to prove in court that you have been complying with the conditions of this provincial alcohol ignition interlock program throughout.
Imminent danger
You were in a situation of imminent danger, and you had no other option but to operate the vehicle to move to safety. Again, your lawyer will have to prove in court that the threat was indeed imminent and you had no other option but to disobey the prohibitory order to avert the danger.
Necessity
In other words, you had no other alternative but to operate the vehicle despite the ban. For example, when faced with a medical emergency, it might be justified for the accused to drive a vehicle to access urgently needed medical care despite the prohibition.
Charter rights violations.
If there were any charter rights violations during the evidence collection, search of the premises, or the arrest, your lawyer will move the court to disqualify such evidence. If this evidence were vital to the Crown’s case against you, then this might lead to the charges being reduced or dropped altogether.
We can Help
If you are dealing with driving while prohibited or any other driving-related offences, do not hesitate to reach out to our criminal defence team for assistance. At Nanda and Associate Lawyers, our criminal defence team has more than two decades of excellent track record of successfully helping our clients in fighting the criminal charges laid against them. Contact our team today for legal support and assistance.
Frequently Asked Questions
What is the legal penalty for driving while prohibited in Ontario?
Since it is a hybrid offence, the legal penalty for driving while prohibited will depend on the particular circumstances of the case. It is the discretion of the Crown to choose either the summary conviction or the indictable offence route based on various factors such as the nature of the offence and the criminal record of the accused. While the Criminal Code does not prescribe any mandatory minimum sentence for this offence, the maximum legal penalties applicable are the following.
- Indictable offence: A maximum sentence of up to 10 years in prison, if convicted.
- Summary conviction: A maximum sentence of up to two years less a day and a possible fine of up to $5,000 upon conviction.
What is the meaning of a driving prohibition in Canada?
In Canada, such prohibitions on driving are imposed on an individual by a court order as part of sentencing for driving-related offences, such as dangerous driving or impaired driving. They are likely to be time-bound, ranging from a few months to a lifetime ban in some cases. Such a prohibition effectively bans you from operating the different types of motor vehicles mentioned in the court order. It is a criminal offence to violate or breach any of the conditions mentioned in the prohibitory order.
What are the reasons for receiving a prohibition from driving?
Some of the common reasons for receiving a prohibition from driving are the following.
- Impaired driving conviction.
- Convicted for dangerous driving.
- Refusal to give a sample for a breathalyzer test.
- Failure to stop for police.
- Driving with a blood alcohol concentration above 80.
- Fleeing from the scene of the collision
- Suffering from a medical condition that affects your ability to drive safely.
- Refusal to pay your pending traffic fines.
What are the exceptions to the operation while prohibited mentioned in the Criminal Code?
The exception mentioned in the Criminal Code under Section 320.18 (2) is the driving of a vehicle with an alcohol ignition interlock device while staying compliant with the conditions of such a program.
How can I get my license reinstated once my prohibition from driving ends?
The process of reinstating your license will often depend on the reasons for the prohibition in the first place. For example, if the prohibition came into effect because of your failure to pay any existing fines, then you need to clear such dues before applying for the reinstatement of the license. If your license was suspended because of a medical condition, then you might have to submit a medical certificate proving that you are medically fit to operate a vehicle. You will also have to pay the fee for reinstating your driving license. Also, in some cases, you will be required to drive only a specific vehicle containing the approved ignition interlock system.
Is it possible to avoid imprisonment in my operation while prohibited case?
Yes. Under the Criminal Code, operation while prohibited is defined as a hybrid offence, with no minimum legal penalty mentioned. This means that, depending on the particular circumstances of your case, it is left to the Crown to pursue either the indictable offence or the summary conviction route to bring the charges against the accused. If there are no aggravating factors in the case and if the accused does not have any criminal record, it might be possible to avoid imprisonment under a summary conviction. Please consult our criminal defence lawyer with the details of your case to figure out your legal options.
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