Operating While Prohibited involves using a conveyance—such as a car, boat, or aircraft—despite being legally restricted from doing so. These restrictions often arise from court orders or legislative mandates.

Operation While Prohibited: Legal Definition

Section 320.18(1) of the Criminal Code defines Operating While Prohibited as the act of operating a conveyance while subject to:

(a) A prohibition order issued under the Criminal Code; or

(b) Any other legal restriction imposed under an Act of Parliament or provincial law related to a conviction or a conditional discharge under section 730 of the Criminal Code.

Exception

Subsection (2) provides an exception for individuals enrolled in a provincial alcohol ignition interlock device program, provided they meet all program conditions.

Accused of Operating While Prohibited? Contact (855) 585-1777 to discuss your case with an experienced criminal defense lawyer.

Penalties for Operating While Prohibited

This offence is considered a hybrid offence, allowing the Crown to proceed by summary conviction or indictment. The penalties differ accordingly:

Summary Conviction:

  • Maximum jail term of 2 years less a day.
  • Potential fines and additional penalties.

Indictable Offence:

  • Maximum imprisonment of up to 10 years.
  • Significant financial penalties or other sanctions.

Dispositions Available for Summary and Indictable Offences

  • Discharge;
  • Suspended Sentence;
  • Fine;
  • Fine + Probation;
  • Imprisonment;
  • Imprisonment + Probation;
  • Imprisonment + Fine;
  • Conditional Sentence

Take action against Operation While Prohibited charges. Call (855) 585-1777 for a confidential consultation with a legal professional.

Factors Influencing Sentencing for Operation While Prohibited Charges

Judges evaluate various factors when determining an appropriate sentence:

Aggravating Factors:

  • Multiple violations of driving prohibitions.
  • Operating while impaired or engaging in risky behaviours.
  • Transporting passengers under 16.
  • Actions that jeopardize public safety.

Mitigating Factors:

  • Lack of awareness regarding the prohibition.
  • Clean prior criminal record.
  • Situations involving emergencies or unavoidable circumstances.

Sentencing focuses heavily on deterrence and denunciation, particularly in cases with aggravating circumstances or repeat offences.

Establishing a Conviction

To obtain a conviction, the prosecution must prove:

  1. Identity: The accused was operating the vehicle.
  2. Jurisdiction and Timing: The offence occurred in Canada within the relevant timeframe.
  3. Vehicle Operation: The individual was using a motor vehicle or similar conveyance in a public area.
  4. Prohibition Order: The accused’s licence was suspended by a court order or legal restriction, and they were aware of this.
  5. Non-Compliance with Exceptions: If applicable, that the accused did not meet the conditions of an ignition interlock program.

Don't let Operation While Prohibited charges disrupt your life. Call (855) 585-1777 for reliable legal assistance.

Defending Against Charges of Operating While Prohibited

Effective defence strategies include:

  • Lack of Knowledge: Arguing that the accused was unaware of the prohibition due to insufficient notice.
  • Necessity: Demonstrating that the operation was due to an unavoidable emergency.
  • Charter Violations: Highlighting breaches of constitutional rights, such as unlawful search or detention, to exclude evidence.
  • Mistaken Identity: Contesting the Crown’s ability to prove the accused’s identity as the operator.

Building a strong defence requires legal expertise. Consulting an experienced criminal lawyer ensures informed guidance and effective advocacy to address these charges.

Don’t Face Your Operation While Prohibited Charge Alone

An experienced criminal defence lawyer is vital when dealing with Operation While Prohibited charges. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.

Get a Free Legal Consultation With a Criminal Lawyer

Do not hesitate to contact us if you are facing Operation While Prohibited charges. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.

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