Ontario

Legislation Sections Database at defencecounsel.com for:

Drive While Suspended Offense

Drive while Prohibited or Suspended Offence

Criminal Code of Canada

Section number:

259 (4) and (5)

Drive while Prohibited or Suspended Offence

(4) 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.

Marginal note:Definition of disqualification

(5) For the purposes of this section, disqualification means

(a) a prohibition from operating a motor vehicle, vessel or aircraft or any railway equipment ordered under any of subsections (1), (1.01), (2) and (3.1) to (3.4); or

(b) in respect of a conviction or discharge under section 730 of any offence referred to in any of subsections (1), (1.01), (2) and (3.1) to (3.4), a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft imposed

(i) in the case of a motor vehicle, under the law of a province, and

(ii) in the case of a vessel or an aircraft, under an Act of Parliament.

Persons usually go to jail if they are convicted of driving while prohibited as a result of a drinking and driving conviction. Prior to trial they may also find it difficult to get bail without a very good surety and proof that they cannot and will not sit in the front seat of any vehicle. On arrest in Ontario the vehicle will be impounded.