Drive disqualified is found at s. 259(4) of the Criminal Code. This is a criminal charge will result in a criminal record if convicted. The “normal” penalty imposed by the courts upon conviction is a period of incarceration of 30 days. However, we have on more than one occasion resolved cases for as little as the imposition of a fine. In many instances we have won cases due to the insufficiency in the Crown evidence. The paper work to prove the charge must be in order to prove the prohibition order, and the Crown must prove that the accused had been properly notified and served with the appropriate documentation. In addition, we have defended and won these charges due to the inability of the Crown to prove at trial that actual driving of the motor vehicle or that the offence had occurred on public property.
Drive under suspension is found at s. 53 of the Highway Traffic Act. This is a provincial driving offence and is not a criminal charge. This carries a minimum fine on a first offence of $1,000.00 plus victim fine surcharge and a mandatory 6 month suspension. On a subsequent offence (if the prior is within 5 years) the minimum fine is $2,000.00. The automatic licence suspension is 6 months.
However, if the reason for the suspension is as a result of a conviction under the criminal code (eg. Impaired driving, dangerous driving, fail to stop, refuse breath sample) the minimum sentence for a first time offender is a fine of not less than $5,000.00, and for subsequent offences a fine of not less than $10,000.00.
Driving while disqualified occurs when a Court has prohibited an individual from operating a motor vehicle as a result of a conviction under the Criminal Code.
- a person found driving on a road, highway or public place;
- who has been found guilty of an impaired driving charge; and
- is prohibited from operating a motor vehicle by court order as a result of the Impaired driving conviction;
is by definition driving while disqualifed pursuant s.259(4) of the Criminal Code.
Drive Disqualified is viewed by the Court as a blatant disregard of a Judicial Order and is therefore considered to be a very serious offence. Judges do not take kindly to the breach of their rulings. This explains why the usual tarriff is a period of jail.
If the Crown proceeds by way of summary conviction, (which they normally do), the maximum penalty is 6 months jail time and the maximum fine of $5000.00.
Section 42(1) of the Highway Traffic Act states that a person will automatically be suspended from driving for one year upon their first conviction and at least 2 years upon a subsequent conviction for drive disqualified.
Things you should know:
- If convicted your insurance rates will increase dramatically;
- If you are involved in an accident your insurance company may refuse coverage as you
- Were not a properly licenced driver;
- There is a significant impoundment of your vehicle with significant storage costs and towing costs.
- Operating an E-bike is not allowed when serving a prohibition order.
- The usual penalty is one of incarceration.
- There will be driver’s licence consequences.
There are a number of defences to the charge of drive disqualified. You should consult a lawyer to determine your best course of action. At Daley, Byers we offer a free consultation.
At Daley, Byers we offer a free consultation.
You can rest assured that our highly knowledgeable team of lawyers will analyze your case thoroughly so that you are made aware of all possible defences in your case. All of your questions will be answered and we will recommend your best course of action. We have assisted countless individuals in relation to this offence over our 30 years + experience. .
Contact us anytime at 855-529- 3501 for a free initial consultation to learn how we can help.