What are the best defences to a driving while disqualified charge?
The best defence to your driving while disqualified charge will depend heavily on the unique facts of your case, as well as your personal circumstances and the circumstances of the offence. As we do not list all of the defences available for this particular charge, in order to determine the most effective way to defend your charges please contact one of our criminal defence lawyers.
One effective way of defending your driving while disqualified charge is to argue that you were not properly informed of your driving prohibition. If you are disqualified from driving, section 260(1) of the Criminal Code requires that the order which declares your disqualification is read to you; that a copy of the order is given to you; and that you are informed of the consequences of driving while disqualified. If one or more of the components set out in section 260(1) are not met, you may be able to argue that you did not have the knowledge required to be found guilty of this offence.
It is important to note that there are statutory provisions that will create a presumption that you knew that you had a provincial disqualification, even if the conditions in 260(1) are not met. This is relevant if you receive a provincial suspension alongside a court-ordered suspension under the Criminal Code. Specifically, section 260(4) of the Criminal Code states that in absence of evidence to the contrary, if a notice of disqualification has been mailed to you by the provincial government through registered or certified mail, you will be deemed to have knowledge of the disqualification 5 days after the notice was mailed.
Another effective way to defend a driving while disqualified charge is to argue that you were not actually operating a motor vehicle at the time of the offence. For example, this would be a relevant defence if you had been arrested while getting out of the driver’s seat of a parked car. If you did not drive that vehicle at the time of the alleged offence, and if the police did not see you drive that vehicle, there is likely insufficient proof to establish that you actually operated a motor vehicle while disqualified.
About The Author
Ask A Question
We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.
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.