You undoubtedly know that driving with a suspended license is a serious offence. However, did you know that if Ontario police catch you “driving while disqualified” or “driving while prohibited,” you potentially face much harsher punishment?
“The punishment for a driving with a suspended license conviction is a slap on the wrist compared to the potential penalties Canadian courts can impose for a driving while disqualified conviction,” cautions criminal defence lawyer Jeff Mass , managing partner of the Greater Toronto Area’s Mass Tsang law firm. Yet, many Canadians are unaware that this driving-related offence exists.”
“To confuse things further, adds Jeff’s co-managing partner, Robbie Tsang , “‘driving while disqualified’ is no longer the legal name for the offence because Criminal Code revisions changed it to ‘operation while prohibited’ in 2018. However, no matter what it’s called,” he continues, “driving while disqualified is a federal crime that arises when police catch someone breaching driving prohibitions mandated by another criminal conviction. So, if you’re caught driving after losing your license due to a DUI, you face provincial driving while license suspended charges and the more dire federal operation while prohibited one.”
With a maximum of 10 years imprisonment possible with a driving while disqualified conviction, Jeff and Robbie strongly urge anyone charged with the offence to secure the services of a highly competent traffic defence lawyer . Let’s examine operation while prohibited charges and how they differ from driving while license suspended ones.
Under the province’s Highway Traffic Act, the Ontario Ministry of Transportation can suspend a driver’s license for any number of reasons, including:
Section 53 (1) of Ontario’s Highway Traffic Act defines driving while license suspended as:
Section 53 (3) of the Act mandates a minimum six-month driver’s license suspension be added to any existing license suspensions. Depending on the type of original suspension, drivers may also face short- or long-term vehicle impoundment. If the original suspension was related to an offence causing injuries or death, the maximum respective penalties rise to a minimum of $5,000 and a maximum $25,000 for a first offence.
Now codified in the Criminal Code as “operation while prohibited,” Section 320.18 defines the driving while disqualified offence as:
Accordingly, this definition prohibits anyone from operating a car (or other motorized vehicle) while under a court-ordered driver’s license suspension for a Criminal Code conviction. Section 320.18 (2) explains that the offence is not applicable to anyone registered in a provincial alcohol ignition interlock program, provided they are in compliance with its terms.
Operation while prohibited is a hybrid offence that carries a maximum 10-year prison sentence if charged as an indictable offence. When charged summarily, the maximum sentence is two years. Under a reciprocal agreement with the province, under Section 42(1) of the Ontario Highway Act, any driver convicted of the federal offence faces a mandatory one-year driver’s license suspension; two years for a subsequent conviction. This suspension is added to any existing suspensions.
Additionally, those charged with the offence face up to 45 days of vehicle impoundment, with the owner responsible for expensive fees. If the accused driver did not own the car, the owner can recover the fees if they can prove that the accused driver had it without consent.
Defending a charge of driving while disqualified is especially challenging. However, an experienced criminal defence lawyer can carefully assess case elements to uncover flaws with the Crown’s case or evidence that could nullify the charges or encourage it to negotiate a favourable resolution. Defence strategies that may provide an opening for a positive resolution include:
If Ontario police have charged you with driving while disqualified in the Greater Toronto Area, do not try to fight the charges without the legal acumen of an experienced traffic defence lawyer, like those at Mass Tsang. Jeff Mass and Robbie Tsang have helped thousands of Ontario motorists successfully defend provincial and federal traffic-related laws. By contacting us today, learn how they can help you fight your operating while prohibited charges in a free consultation .
