Operation while prohibited

When a person is convicted of certain infractions related to a motor vehicle, the judge imposes a sentence prohibiting him to drive for a determined period. If that person decides to drive while he is interdicted to do so, he can be charged with the offense of driving while prohibited, which is an additional criminal charge, that often has serious consequences.

For instance, an individual found guilty of driving under the influence usually has his driver’s license suspended for one year. If he chooses to drive during that suspension, without having a breathalyzer in his car, he will be accused of this offense.

Since this crime violates a judge’s order, the courts take it seriously. Some judicial districts may ask for an expensive fine or a jail term, and a longer driving interdiction.

Contact Me Dagenais to find out if a defense applies to your case or to obtain a sentence that avoids detention.

Section 320.18 of the Criminal Code : Operation while prohibited

320.18(1) Everyone commits an offence who operates a conveyance while prohibited from doing so

(a) by an order made under this Act; or

(b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730.