Driving While Prohibited or Suspended
Driving while prohibited under the Criminal Code is a Dual Procedure offence, meaning that the Crown may choose to proceed by Summary Conviction (least serious) or by Indictment (most serious). Summary Convictions generally include a fine and/or a short imprisonment. Convictions on Indictment generally include a significant term of imprisonment.
If a driver is convicted of driving while prohibited by the Criminal Code the court must prohibit the driver further. Should the driver be imprisoned as part of the penalty, the prohibition does not start until after the driver is released.
The term of prohibition is dictated by the Criminal Code and varies between 1 and 3 years for a first offence. If a second offence occurs within 5 years + any prison sentence, a minimum of two years prohibition. A minimum of 3 years prohibition applies to any subsequent conviction.
Criminal Code Legislation:
In the instance of a 12-hour prohibition issued to a driver in the Graduated Licencing Program, section 90.4 of the Motor Vehicle Act only says that an offence has been committed by a driver who drives during the prohibition. The court is free to apply a penalty as it sees fit.
The Superintendent of Motor Vehicles will likely impose a period of driving prohibition on conviction in addition to any imposed by the court.
In the case of the 24-hour suspension, a suspension ordered by the court or the Superintendent of Motor Vehicles under the Motor Vehicle Act, the Administrative Driving Prohibition, an Indefinite license Suspension or an automatic prohibition for a motor vehicle related Criminal Code offence the minimum penalty on first offences is a fine of between $500.00 and $2,000.00. In addition the judge may specify a term of imprisonment of not longer than 6 months. Any subsequent offences carry a fine between $300.00 and $2,000.00 and a term of imprisonment of between 14 days and one year.
In addition to any prohibition imposed by the court, there is a further minimum of one year prohibition from driving imposed by the Superintendent of Motor Vehicles.
Motor Vehicle Act Legislation:
Section 90.4 - Driving While Suspended
Section 95 - Driving While Prohibited
Section 102 - Driving While Prohibited by Court Order or Action of Law
Section 234 - Driving While Suspended
