Driving While Disqualified

Did you know driving while disqualified may result in criminal record or jail time? Or did you know you can face fine as high as $50,000.00 for driving while disqualified?

If you charged under Criminal Code of Canada, you should know that driving while disqualified is a criminal offence under section 259(4) of the Criminal Code which may result in a fine, imprisonment or criminal record.

259(4) ofCriminal Code:

“Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program,

a. is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

b. is guilty of an offence punishable on summary conviction.”

The disqualification was defined under subsection 259(5) of Criminal Code as:

  • a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment under a court order; or
  • a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed;

NOTE: Driving while your licence is suspended in Ontario might result in a criminal charge under the Criminal Code or a charge under the Highway Traffic Act. The HTA Offence will not cause a criminal record; however, it will affect your life. Contact our office if you have further question.

At Korytko Law, we can help you if you have been charged under Criminal Code for driving while disqualified. Contact our experience team to understand your rights and possible defences.

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