Driving while disqualified is a serious criminal offence in Canada. It occurs when a driver operates a motor vehicle despite being prohibited by a judges order as a result of a criminal driving conviction.

Where a Provincial Court Judge issues a driving prohibition, it is a legal order that must be followed. Disregarding a judges order demonstrates contempt for the justice system and is treated as a severe violation of the law. The consequences reflect the seriousness of the offence, as it involves knowingly defying a court order.

How Does Someone Become Disqualified from Driving?

Drivers are disqualified from driving as a result of a criminal driving conviction, such as impaired driving, dangerous driving, or failing to stop after an accident.

Once convicted, the court will issue a prohibition period, which varies based on the severity of the offence. During this period, the driver is legally barred from operating any motor vehicle anywhere in Canada. The most common reasons for disqualification include:

• Impaired Driving (DUI/DWI) – Conviction for operating a vehicle under the influence of alcohol or drugs.
• Dangerous Driving – Reckless operation of a vehicle endangering public safety.
• Failure to Remain at the Scene – Leaving the location of an accident without reporting it.

Ignoring this prohibition can lead to severe consequences, as law enforcement actively monitors and enforces these restrictions.

Penalties for Driving While Disqualified

Being caught driving while disqualified can result in significant legal consequences.

Driving while disqualified is a criminal offence in Canada. Where convicted the court will be considering sending the driver to jail.  The seriousness of the penalty reflexes the opinion that the accused disobeyed a judges order, and has a disrespect for the rule of law in Canada.

The court will also consider extended licence prohibitions, fines, and conditions placed upon the accused. Upon arrest the police may impound the vehicle for 45 days, regardless of who is the owner, further increasing the financial burden on the accused.

Some key penalties include:

• Criminal Charges – Resulting in a permanent criminal record.
• Fines and Fees – Significant financial penalties.
• Jail Time – In most cases the prosecution will be considering a period of jail
• Extended Driving Prohibition – Additional time added to the original disqualification period.

These penalties are designed to deter individuals from ignoring court-ordered prohibitions and to uphold the integrity of the justice system.

Motor Vehicle under the Criminal Code

Under the Criminal Code of Canada a motor vehicle is anything that is pushed pulled or driven by any type of engine or motor.

This includes all motor vehicles, machinery, farm equipment and even a riding lawn mower.  Where the driver works with construction equipment they are not allowed to operate anything that can be driven.

The licence prohibition is for anywhere in Canada, including on private property.  Where you have been prohibited from driving, you cannot operate any type of motor vehicle anywhere in Canada under any circumstances.

Defences Against a Charge of Driving While Disqualified

If charged with driving while disqualified, it is crucial to seek legal representation. There are some possible legal defences that may apply, such as:

• Lack of Knowledge – The driver was unaware of the disqualification. In court the accused will have to explain why they were unaware considering they would have been in court for the original court prohibition
• Emergency Situation – The accused had no choice but to drive due to an emergency. While the accused may still be charged the court may consider the emergency which must have been the result of a life threatening situation where there was no other alternative to the accused driving.
• Law Enforcement Errors – Police procedural mistakes or lack of sufficient evidence. Documents, legal arguments or mistakes by the officers.

Given the strict penalties associated with this offence, a strong legal defence is essential to reduce the impact of a conviction.

What to Do If You Are Charged

If you have been charged with driving while disqualified, taking immediate action is crucial.

1. Avoid Further Violations – Do not drive under any circumstances until the prohibition ends.
2. Seek Legal Advice – Consult a qualified criminal lawyer who can assess your case.
3. Prepare for Court – Understand the charges and follow your lawyer’s guidance.

Need Legal Help?

If you are facing a charge of driving while disqualified, contact a criminal lawyer immediately.

A strong legal strategy can help minimize penalties and protect your rights. Ignoring the charge or attempting to represent yourself could lead to severe consequences. Don’t take the risk—get legal advice today.