What Is Operation While Prohibited?
Operation While Prohibited is charged under section 320.18 of the Criminal Code of Canada. It applies when a person operates a motor vehicle while subject to a court-ordered driving prohibition - typically one imposed following an earlier conviction (such as impaired driving, dangerous driving, or another driving-related offence). This charge is distinct from simply driving while your licence is suspended administratively (an HTA matter) - it specifically involves defying a criminal court order.
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Driving during a prohibition period imposed after a prior criminal conviction
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Confusion or miscommunication about when a prohibition period ends
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Driving for what seemed like a necessary or emergency reason during a prohibition
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Potential Consequences
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Criminal record
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Extended or additional driving prohibition, stacked onto the existing one
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Fines
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Jail time - up to 2 years less a day on summary conviction, and courts often treat this offence seriously given it involves defying an existing court order
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Probation
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No demerit points - as a Criminal Code offence, no points are added to your licence. The stacked prohibition and criminal record are what matter most here.
Because this charge involves an alleged breach of a prior court order, courts and the Crown often scrutinize these cases closely but there are frequently legitimate factual and legal issues to examine.
How Vertex Legal Solutions PC Can Help
Operation While Prohibited cases often come down to precise details: exact dates of the prohibition, whether you had actual knowledge of its terms, and whether you were, in fact, the one operating the vehicle.
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Confirming the exact scope and timeline of the prohibition order, including whether it had actually taken effect or expired
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Reviewing whether you had proper notice of the prohibition and its terms
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Examining identification evidence to confirm you were the operator
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Negotiating with the Crown where mitigating circumstances exist
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Representing you in court for this charge when proceeding summarily
If you’ve been charged with Operation While Prohibited, contact Vertex Legal Solutions PC to understand your options and protect your future driving privileges.
Vertex Legal Solutions is licensed by the Law Society of Ontario. General information, not legal advice.