Driving while prohibited is a criminal offence under section 320.18 of the Criminal Code. It applies when a person operates a motor vehicle despite being under a court-ordered prohibition from driving, usually as part of a sentence for impaired driving or other serious traffic offences. The offence is taken seriously by the courts because it reflects a deliberate disregard for judicial authority and poses a risk to public safety.

This offence is distinct from provincial offences like driving with a suspended licence under the Highway Traffic Act. Driving while prohibited is a federal criminal offence, and conviction results in a criminal record and mandatory consequences.

To convict, the Crown must prove that:

• The accused was prohibited from driving by a valid court order, and

• They knowingly operated a motor vehicle during that prohibition period.

Penalties

Driving while prohibited is also a hybrid offence:

• If prosecuted summarily, the maximum penalty is two years less a day in jail and/or a fine of up to $5,000.

• If prosecuted by indictment, the maximum sentence is 10 years in prison.

In addition, the court will usually impose a further mandatory driving prohibition, and repeat offenders may face escalating penalties, including longer jail terms and longer bans.

A conviction will also result in:

• A mandatory driving prohibition, often for at least one year,

• A criminal record, which can affect employment, immigration status, and travel,

• Possible vehicle forfeiture if the car was owned by the accused,

• Substantial increases in insurance premiums, or inability to obtain insurance,

• Ongoing licensing restrictions, including ignition interlock requirements in impaired cases.

If you have been charged, it is critical to speak to a criminal defence lawyer right away to understand your options and protect your future.