To be found guilty of this offence, the Crown must prove that:
You were operating a motor vehicle in Canada
On any street, road, highway, or other public place
While you were disqualified from doing so due to a previous driving suspension, or if the province has suspended your license for any other reason
Even if your previous driving suspension has expired, you could still be guilty of this offence if you drive! You are considered to be “disqualified” from driving until you actively take steps to get your license reinstated.
Driving while disqualified is treated extremely seriously by the police, the prosecutors, and judges.
For example, in Calgary, the police have a unit of officers whose sole job is to catch people suspected of driving when they are prohibited from doing so. We have seen cases where the police stakeout and deploy surveillance for hours on the homes of disqualified drivers to wait for them to slip up.
Many judges have written judgements reinforcing the seriousness of this offence and confirming that jail is usually an appropriate sentence. This is because driving while disqualified is the equivalent of disobeying a court order and judges don’t look upon with much sympathy. Multiple judges have noted that this offence “smacks of contempt”. Some judgments have even said that driving while disqualified is as serious as breaking out of jail!
Bail Conditions for Driving While Disqualified
Since driving while disqualified is a violation of a court order, many judges will have some doubt that you will abide by conditions if you are released while your case winds its way through the court. This is especially so if you have prior criminal convictions. A sensible and accurate release plan could help persuade the judge that you are not a danger to re-offend if you are released.
Defend Driving While Disqualified Charge
The Crown must provide specific documents in support of this charge, which we will carefully review with you. You may have a defence based on your mistaken belief that you were permitted to drive, or an error in the court documents.
You can be sentenced to jail for up to 5 years, be put on probation for up to three years, and fined up to $5000. In addition, you will be prohibited from driving for at least one year if it is your first offence.
We can help minimize the consequences of being found guilty! We may be able to negotiate a guilty plea to a less serious charge, and put your best foot forward when the time comes to be sentenced. We will accurately and confidently advise the judge of all your positive qualities and other mitigating circumstances of the offence to ensure the best possible outcome. Some factors the judge will likely consider when passing sentence include:
The reason you were disqualified from driving in the first place
Whether you were committing other offences while driving disqualified (e.g driving dangerously, or with no insurance)
How much of your suspension was left to be served
Your reason for driving
The duration of the driving, and the reason you stopped driving
Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.
Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.
I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.
Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.
Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.