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Driving while disqualified is an indictable offence that’s punishable under section 259 of the Canadian Criminal Code, resulting in a criminal record.
Scope
Driving disqualifications are legal penalties that prevent a person from operating a motor vehicle for a certain period of time. They are usually imposed by a court as a result of a conviction for a criminal driving offence, such as impaired driving, dangerous driving, or fleeing from the police.
Regulatory citations
- Section 259 – Canadian Criminal Code
Key definitions
- Disqualification: Not legally entitled to drive under the criminal code of Canada.
- Suspension: Suspended from driving under the provincial law for a period of time.
Summary of requirements
Driving disqualifications are legal penalties that prevent a person from operating a motor vehicle for a certain period of time. They are usually imposed by a court as a result of a conviction for a criminal driving offence, such as impaired driving, dangerous driving, or fleeing from the police.
Driving while disqualified is a serious criminal offence in Canada. It means driving a motor vehicle when prohibited from doing so by a court order. If a person is convicted of this offence, the person could face imprisonment for up to five years, fines, probation, forfeiture of the vehicle, and an additional period of disqualification.
Driving while disqualified is different from driving while suspended. Driving while suspended is a provincial offence that does not result in a criminal record. It means driving when the licence has been suspended by the provincial government for reasons such as unpaid fines, demerit points, or traffic violations. However, if a licence was suspended as a result of a criminal conviction, and the person is caught driving under a provincial suspension, the person could still be charged with the criminal offence of driving while disqualified.
To legally drive in Canada, a person needs a valid driver’s licence issued by the province or territory where the person lives.
The difference between a driving suspension and a disqualification is that a suspension is a temporary loss of driving privileges, while a disqualification is a permanent ban from driving. A suspension can be imposed by the provincial government for various reasons, such as accumulating too many demerit points, failing to pay fines, or violating traffic laws. Disqualification can only be imposed by a court as a result of a criminal conviction for a serious driving offence, such as impaired driving, dangerous driving, or fleeing from the police. Driving while suspended or disqualified is illegal and can result in further penalties.
The duration of a driving disqualification in Canada depends on the type and number of offences that led to the disqualification. According to the Criminal Code of Canada, a court can impose a driving prohibition for various criminal driving offences, such as impaired driving, dangerous driving, or fleeing from the police. The minimum and maximum lengths of the prohibition vary depending on the offence and whether it is a first or subsequent conviction. For example, for a first offence of impaired driving, the minimum prohibition is one year and the maximum is three years. For a second offence, the minimum is two years and the maximum is 10 years. For a third or subsequent offence, the minimum is three years and there is no maximum.
A driving prohibition imposed by a court does not always run for the same length of time as a licence suspension imposed by the provincial government. Each province or territory has its own laws and regulations regarding driver’s licences and suspensions. For example, in Yukon, if a driver is convicted of impaired driving, the driver will also face a territorial licence suspension that is separate from the court-ordered prohibition. The length of the suspension depends on how many offences the driver has within five years. For a first offence, the suspension is one year; for a second offence, it is three years; and for a third offence, it is indefinite. A driver may also have to complete other requirements, such as attending a course or installing an ignition interlock device in your car, before the driver can get the licence back.