What is driving while disqualified?

>>>What is driving while disqualified?

You will be guilty of driving while disqualified when you operate a motor vehicle, vessel, or aircraft while disqualified from doing so because of a previous driving suspension or disqualification. In order to secure a conviction for the offence, the Crown will need to prove that you were operating a motor vehicle on any street in Canada, that you were disqualified from doing so, and that you knew that you were driving while disqualified.

Typically licence disqualifications will follow a conviction for a criminal driving offence, such as an impaired driving offence, dangerous driving, or flight from the police. If you are disqualified from driving as part of a criminal sentence, you will have a court order that specifies the length of your driving disqualification. If you drive before that suspension ends, you will be guilty of driving while disqualified. It is important to note that court imposed driving prohibitions and the driving prohibitions imposed by the provincial government do not always run for the same length of time. If you received a one-year driving prohibition in court, you will still need to take additional steps to end the government-imposed licence suspension, even if your court-imposed driving prohibition has ended.

The steps required to reinstate your licence vary from province to province, but you can generally expect that you will have to pay any outstanding fines related to the suspension and complete some court or government mandated programs before you can get your licence back.

If you fail to take the steps required to reinstate your licence and immediately begin driving after your court-imposed disqualification has ended, you will actually still be guilty of driving while disqualified.

What is the difference between driving while disqualified and driving while suspended?

While they might seem the same, driving while suspended and driving while disqualified are actually two distinct charges. Driving while disqualified is a charge that is punished under section 259 of the Criminal Code. As such, if you are convicted of driving while disqualified, you will have a criminal record. By contrast, driving while suspended is a charge that is punishable under provincial law. The province can suspend your licence for a wide range of reasons that are not criminal offences, such as traffic offences, accumulating demerit points, or not paying child support. However, if your suspension arises from a conviction under the Criminal Code and you are caught driving with a provincial suspension, you can still be found guilty of the criminal offence of driving while disqualified.

If you are caught driving while suspended, you can still face the same penalties as you would if you were charged with a criminal offence. That means you will face a new driving suspension, fines, and even jail. You can also expect to pay additional towing and impound fees if your vehicle is seized by the police, and you can expect that your insurance will increase after you are found guilty of the offence.  

For specific information regarding your claim, please select the location that's closest to you.

2018-04-13T08:35:32+00:00
Lawyer-lookup

Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.

 

M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.

 

B.L.

VIEW ALL REVIEWS
VIEW REVIEWS ON GOOGLE

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.