Driving While Disqualified
Driving while your licence is suspended or disqualified is a Criminal Code offence carrying mandatory jail time on repeat convictions, vehicle impoundment, and extended prohibition orders.
Overview
What is Driving While Disqualified?
Under Section 320.18 of the Criminal Code (formerly Section 259(4)), it is a criminal offence to operate a motor vehicle while disqualified from doing so. This includes driving while your licence is suspended under the Highway Traffic Act, driving while under a court-ordered driving prohibition, or driving while your licence is expired or cancelled due to unpaid fines.
Penalties
What you're facing
- 1Criminal record — permanent unless a discharge is obtained
- 2Minimum fine of $1,000 on first conviction; mandatory minimum 14 days jail on second conviction
- 3Mandatory driving prohibition of 1–3 years (first), 2–10 years (second+)
- 4Vehicle impoundment at the scene
- 5Extended ignition interlock requirements upon licence reinstatement
- 6Insurance cancellation or classification as high-risk driver
Our Defence
How we defend you
We scrutinize the validity of the underlying suspension or prohibition — if the suspension notice was never properly served, or if there's a procedural defect, the charge may fail. We also examine whether you had actual knowledge of the disqualification. In appropriate cases, we negotiate for minimal sentencing or seek a discharge to protect your record.
- We appear in court for you
- Full disclosure review
- Charter rights analysis
- Crown prosecutor negotiations
- Flat-fee, no surprises
- Free initial consultation
Don't talk to police without legal advice
You have a Charter right to remain silent and a right to counsel. Anything you say can and will be used against you. Contact us immediately for a free, confidential case assessment before making any statements.
Common questions
Driving While Disqualified FAQs
Straight answers about traffic tickets, court process, and how we work.
Got a ticket? Don't just pay it.
Paying results in a permanent record, demerit points, and insurance rate hikes. Speak to us first — the consultation is 100% free and there's no obligation.