Driving While Prohibited

If you have had your license revoked by a criminal court, you are not allowed to drive until you have a valid license back in your possession. What does this mean?

Let me give you an example: If you are convicted of impaired driving and a court prohibits you from driving for one year, not only can you not drive for that one-year period but you cannot drive until you get your license back from Driver Monitoring and Fitness (the Registry). Really what this means is that if you are prohibited from driving, for any length of time, you cannot drive for the rest of your life unless you obtain another valid license. Some people think that if they are given a one year driving prohibition they can drive again after the prohibition period expires. This is incorrect. You need to apply for and receive a valid license before you can drive legally.

There are a number of defences that can be advanced if you are charged with driving while prohibited. Typically, these defences are very technical in nature, for example, it may be that the prosecution hasn’t provided you with the required paperwork or notice necessary to prove the driving prohibition. Sometimes, there are also Charter issues with respect to the reason why you were originally stopped by the police.

Call us for an assessment of your case if you are charged with this offence. The prosecution typically ask for a jail sentence if you are caught driving within the court ordered prohibition period. A conviction for driving while disqualified can result in a further driving prohibition imposed by the province.