Charged with Driving While Prohibited? We Can Help.

Being accused under s. 320.18(1) is serious.


This isn't just a traffic offence — it's a criminal charge that can lead to jail time, a lengthy driving ban, and a permanent criminal record.


Whether it’s your first offence or you’ve been charged before, you need clear legal guidance right now — and fast action can protect your future.



At Cordaie Paralegal Services, we know how to challenge these charges, review court orders, and fight for the best possible outcome.


Call 844-4-WIN-4-ME or Email  hello@cordaie.com
Book your free consultation today.


Police officers stopping and questioning a driver — representing the legal consequences of operating a vehicle while prohibited under section 320.18(1).

What Is “Operation While Prohibited”?


Under section 320.18(1) of the Criminal Code of Canada, you can be charged with “Operation While Prohibited” if:

You operate a motor vehicle, vessel, aircraft, or railway equipment in Canada, while knowingly prohibited from doing so by court order, driving ban, or previous impaired driving conviction.

This is not a traffic ticket — it’s a criminal offence. A conviction can lead to jail time, an extended driving prohibition, and a permanent criminal record.



Common Reasons People Are Charged


People are often charged with Operation While Prohibited after:


  • Driving while under a court-imposed suspension
  • Being caught during a routine traffic stop
  • Misunderstanding the terms of their prohibition order
  • Believing their driving privilege had already been reinstated
  • Driving out of necessity (e.g. medical emergency or work-related)


Even if your reason for driving seemed valid, intent is not a required element — if you knew about the prohibition and drove anyway, the Crown can proceed.



Police car with flashing lights at night — representing a traffic stop where prohibited driving may be discovered.
Legal consequences of driving while prohibited — including jail time, driving bans, and a criminal record under s. 320.18(1).

What Are the Penalties?

If convicted under s. 320.18(1), you may face:



  • Up to 10 years in prison (if the Crown proceeds by indictment)
  • Minimum 12-month driving prohibition
  • Mandatory jail on repeat offences
  • Permanent criminal record
  • Vehicle seizure and impoundment
  • Increased insurance premiums


Penalties are more severe if you have prior convictions for impaired driving, refusal, or dangerous operation.

What the Crown Must Prove


To secure a conviction, the Crown must prove:

  1. You operated a motor vehicle
  2. You were under a prohibition order
  3. You knew you were prohibited from driving at the time


They do not need to prove why you were driving — only that you did so knowingly while prohibited.

Focused legal professional reviewing case materials — representing the Crown’s burden to prove key elements of the offence.
Legal professional reviewing documents with a client to evaluate possible defences for a driving while prohibited charge.

Possible Legal Defences


Every case is different, but common defences include:



  • Lack of knowledge (you were not properly notified of the prohibition)
  • Ambiguity or clerical error in your court documents
  • Unlawful stop or Charter breach by police
  • Necessity or duress in rare circumstances
  • Mistaken identity or flawed evidence


Our team will review the Crown’s disclosure and identify any opportunity to challenge the charge, reduce it, or seek a withdrawal.

Paralegal advising a client about representation options for an Operation While Prohibited charge.

Can a Paralegal Represent You?

Yes — if the Crown proceeds summarily, paralegals in Ontario can represent you in the Ontario Court of Justice for Operation While Prohibited charges.


We will advise you on:

  • Whether the Crown has elected to proceed summarily or by indictment
  • Whether your case falls within the permitted scope for paralegals
  • If necessary, we’ll refer you to a trusted criminal lawyer for full representation in more serious matters


How Cordaie Paralegal Can Help


We will:



  • Request and review all disclosure materials
  • Analyze the terms of your original prohibition order
  • Challenge any unlawful procedures or Charter violations
  • Present mitigating circumstances in your defence
  • Represent you at trial or negotiate a favourable outcome
  • Help protect your licence, record, and freedom


Three professional paralegals in a legal consultation discussing documents in a modern officee.

Don’t Risk Jail or Another Driving Ban

A charge under s. 320.18(1) can carry devastating consequences, especially if you’ve previously been convicted of impaired driving or refused testing.

You may be facing real jail time — but you’re not alone.


Book Your Free Consultation Now

If you've been charged under section s.320.19(2) of the Criminal Code, don’t wait.


We help you understand your options, protect your record, and fight for the most favourable outcome.


Call 844-4-WIN-4-ME

Email  hello@cordaie.com


Frequently Asked Questions (FAQ)

  • 1. What does “Operation While Prohibited” mean in Canada?

    It means operating a vehicle (car, boat, plane, etc.) while under a court-imposed prohibition order — typically issued due to a prior driving offence like impaired driving, refusal, or dangerous operation. It’s a criminal offence, not a traffic infraction.

  • 2. Is “driving while prohibited” the same as driving under suspension?

    No. Driving while prohibited is a Criminal Code offence, while driving under suspension is a provincial offence (under Ontario’s Highway Traffic Act). 


    Driving while prohibited has far more serious penalties, including jail time and a criminal record.

  • 3. Can I be charged even if I didn’t know I was still prohibited?

    Possibly — but if you can show that you genuinely did not know, it may form the basis of a legal defence. 


    The Crown must prove you knew or were willfully blind to your prohibition status.

  • 4. What if I drove because of an emergency or out of necessity?

    In rare cases, you may raise the defence of necessity or duress, but the threshold is high. 


    You must prove there was no reasonable legal alternative, and the situation posed an imminent threat.

  • 5. Will I go to jail for driving while prohibited?

    If it’s your first offence and the Crown proceeds summarily, you may receive a fine and driving prohibition — but repeat offences often result in mandatory jail time, especially if your original prohibition was for impaired driving.

  • 6. Can a paralegal represent me in court for this charge?

    Yes — if the Crown proceeds summarily, a licensed paralegal in Ontario (like Cordaie Paralegal Services) can represent you in the Ontario Court of Justice. If the Crown elects to proceed by indictment, you’ll need a lawyer, and we can refer you to one.

  • 7. How long is the additional driving prohibition if I’m convicted?

    If convicted, you will receive a mandatory additional prohibition of at least 12 months, on top of any previous driving bans.

  • 8. Can I fight this charge or get it dropped?

    Yes. There may be valid defences such as:


    • You didn’t know about the prohibition
    • Police violated your Charter rights
    • There were errors in court documents or notices

    Our team at Cordaie Paralegal Services will review your case and pursue every available option for withdrawal, reduction, or dismissal.

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