Driving while subject to a court-ordered prohibition is a distinct criminal offence, separate from whatever original charge led to the prohibition in the first place. This guide explains how operation while prohibited is defined under section 320.18 of the Criminal Code, how it differs from a provincial licence suspension, potential penalties, and what generally happens after this kind of charge in Ontario. It is general legal information, not legal advice about a specific case.
What Does This Offence Cover?
Section 320.18(1) of the Criminal Code makes it an offence to operate a conveyance while prohibited from doing so by a court order made under the Criminal Code, or by another form of legal restriction imposed under federal or provincial law in connection with a conviction or discharge. This most commonly arises where a person previously convicted of an offence such as impaired driving or dangerous driving received a driving prohibition as part of their sentence, and later drives during that prohibition period.
Criminal Prohibition vs. Provincial Suspension
It is important to distinguish a criminal driving prohibition from a purely administrative provincial licence suspension. Ontario's Highway Traffic Act separately allows for licence suspensions in various circumstances unrelated to a criminal conviction, such as unpaid fines or accumulated demerit points, and driving during that kind of suspension is generally prosecuted as a provincial offence rather than a criminal one. Section 320.18 specifically applies to prohibitions connected to a conviction or discharge, meaning the criminal consequences of driving while prohibited are generally reserved for situations where the underlying restriction arose from criminal or similar conduct.
Classification and Penalties
Operation While Prohibited (Section 320.18) at a Glance
- Classification
- Hybrid offence (Crown elects summary conviction or indictment)
- Maximum penalty – indictment
- Up to 10 years imprisonment
- Maximum penalty – summary conviction
- Up to 2 years less a day
- Mandatory minimum sentence
- None for a standard section 320.18 charge
These figures reflect the Criminal Code as of this page's last update. Actual sentences depend on the reason for the original prohibition, how much time remained on it, and the person's record. A criminal lawyer can confirm the current state of the law for a specific case.
A driving prohibition imposed as part of a criminal sentence is a court order, and non-compliance is treated as a distinct matter from the original offence that gave rise to it. This means a person who has already served their sentence for the underlying charge can still face a serious new criminal matter simply by driving before the prohibition period has run its course.
Common Scenarios
This charge commonly arises where a person, often facing practical pressures such as work or family responsibilities that depend on driving, chooses to drive despite an active prohibition, sometimes believing incorrectly that a provincial reinstatement process or the mere passage of time has already restored their privileges. It can also arise where a person is unaware, due to administrative confusion, that a prohibition remains active, though genuine confusion of this kind is generally a difficult, though not impossible, defence to establish.
A criminal driving prohibition does not end automatically just because a related provincial suspension period has expired, or vice versa; the two can run on different timelines. Anyone uncertain about whether they are still prohibited from driving should confirm their status before getting behind the wheel, rather than assuming.
How This Relates to Other Driving Charges
Driving while prohibited is frequently charged alongside flight from police, since a person aware they are driving unlawfully may have an added incentive to avoid being stopped. It can also arise alongside a fresh impaired driving or dangerous driving charge, where the new offence itself can lead to a further, extended prohibition period on top of whatever penalty is imposed for driving while already prohibited.
Because a criminal driving prohibition and a provincial licence suspension can run on separate tracks, a person can sometimes technically be free of one restriction while still bound by the other. Confirming both statuses independently, rather than assuming one clears the other, is the safest approach.
Possible Defences
Defending this charge often focuses on whether the prohibition was actually in effect at the time of the alleged driving, which can involve reviewing the exact wording and start and end dates of the original court order, and whether the person was genuinely the one driving the vehicle. In some cases, a person may have a genuine, honest, and reasonable mistaken belief that their prohibition had ended, though establishing this requires specific supporting evidence rather than a general assumption. A criminal lawyer should review the specific prohibition order and driving record history before advising on possible defences.
What Happens After This Charge
Many charges under this section do not result in a contested bail hearing, particularly where the person has no other pending matters, though a conviction can lead to an extended prohibition period on top of the original one, further delaying when driving privileges might eventually be restored. The case proceeds through the standard court process, including disclosure of the original prohibition order and any driving record evidence, before moving toward a resolution or a trial. See our sentencing overview and criminal records overview for more.
Courts sentencing this offence often focus heavily on deterrence, since the very existence of the prior prohibition reflects an earlier finding that the person's driving posed enough of a concern to warrant removing their privileges. A pattern of repeated driving-while-prohibited convictions tends to be treated with escalating seriousness, reflecting the person's demonstrated unwillingness to comply with court orders. See our sentencing overview for the general principles Ontario courts apply.
Frequently Asked Questions
Is this the same as driving with a suspended licence?
Not necessarily. A criminal driving prohibition under section 320.18 is connected to a conviction or discharge, while a provincial licence suspension for unrelated reasons, such as unpaid fines, is generally prosecuted separately under the Highway Traffic Act rather than as a criminal offence.
Does the prohibition period automatically end when a sentence is finished?
Not necessarily at the same time. A driving prohibition ordered as part of a sentence has its own specified duration, which does not necessarily align with other parts of a sentence, such as probation. Confirming the exact end date of a prohibition is important before driving again.
Can I be charged if I genuinely didn't know I was still prohibited?
A genuine, reasonable mistake about the status of a prohibition can potentially be relevant, but this depends heavily on the specific facts and supporting evidence, and is not a guaranteed defence.
Will a conviction extend my existing prohibition?
A new conviction under section 320.18 can result in an additional prohibition period, on top of whatever prohibition was already in place, extending the total time before driving privileges can be restored.
What if I need to drive for work or medical reasons during a prohibition?
A criminal driving prohibition generally does not include exceptions for work or medical needs. Anyone in this situation should get legal advice about their specific circumstances rather than driving despite the prohibition.