The offence of driving while disqualified is defined in Section 259 of the Criminal Code. A person is guilty of this offence if driving a motor vehicle after a prohibition to do so has been passed by a Judge under the Criminal Code.
Orders prohibiting driving are given for convictions of drunken driving and generally apply for a minimum of one year following the sentence.
Evidence for driving while disqualified is fairly simple: it has to be proven that the individual was under a prohibition to drive, and knew it. Section 260 of the Criminal Code also provides that the defendants must have been notified of the penal consequences risked if they decide to drive while disqualified. If the defendants were not duly notified, they can present a defence during their trial.
The sentence for this offence is a maximum penalty of 5 years in prison, and there is no minimum penalty. Please note that some Prosecutors often plead for a prison sentence, even for a first offence. An absolute discharge is possible sentence for this offence.
See some cases of driving while disqualified pleaded by our law firm.
