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Stephen R. Biss

Barrister & Solicitor

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Mississauga, ON

L5A 3V4

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biss@lawyers.ca

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We represent young persons at all GTA Youth Court Courthouses including Brampton, Milton, Orangeville, Guelph, and Toronto.

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Ontario

Legislation Sections Database at defencecounsel.com for:

Penalties/Suspension on Conviction, Prohibition

Driving Prohibition

Criminal Code of Canada

Section number:

259 (1)

Driving Prohibition

259 (1)

If an offender is convicted of an offence committed under section 253, other than an offence under paragraph 253(3)(b), or under section 254 or this section or discharged under section 730 of an offence committed under section 253, other than an offence under subsection 253(3)(b), and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be,

(a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year;

(b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and

(c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.

Marginal note:Discretionary order of prohibition(1.01)

If an offender is convicted of an offence committed under paragraph 253(3)(b) or discharged under section 730 of such an offence and, at the time the offence was committed, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender may, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be, during a period of not more than one year.

Mandatory minimum prohibition on driving anywhere in Canada on conviction for impaired, over 80, refusal. Not to be confused with the automatic suspension of driving licence by the province. See also Highway Traffic Act automatic suspension on conviction.