Operation While Prohibited
Operation While Prohibited pertains to operating a conveyance (such as a car, boat, or aircraft) while prohibited due to a prior legal restriction, which can stem from a court order or other legislative restrictions.
Operation While Prohibited: Criminal Code Definition
Under Section 320.18 (1) of the Criminal Code, everyone commits an offence who operates a conveyance while prohibited from doing so
(a) by an order made under this Act; or
(b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730.
Exception
(2) No person commits an offence under subsection (1) arising out of the operation of a motor vehicle if they are registered in an alcohol ignition interlock device program established under the law of the province in which they reside and they comply with the conditions of the program.
Facing Operation While Prohibited charges? Call (306) 994-9522 for a free consultation with a skilled criminal lawyer.
Potential Penalties and Consequences for Operation While Prohibited
“Operation While Prohibited” is classified as a hybrid offence, meaning the Crown can choose to prosecute it as a summary conviction or an indictable offence. The penalties vary based on this election:
For Summary Conviction:
- Maximum imprisonment of 2 years less a day.
- Potential fines or additional penalties.
For Indictable Offence:
- Maximum imprisonment of up to 10 years.
- Severe financial penalties or additional sanctions.
Dispositions Available for Summary and Indictable Offences
- Discharge;
- Suspended Sentence;
- Fine;
- Fine + Probation;
- Imprisonment;
- Imprisonment + Probation;
- Imprisonment + Fine;
- Conditional Sentence
Charged with Operating While Prohibited? Dial (306) 994-9522 for expert legal advice and criminal defence.
Sentencing Factors for Operation While Prohibited
Judges consider several factors when determining sentences for Operation While Prohibited, including:
Aggravating Factors
- Repeated violations of driving prohibitions;
- Operation involving impairment or other dangerous behaviours;
- Driving with passengers under 16 years old;
- Causing harm or risk to public safety.
Mitigating Factors
- Genuine lack of knowledge about the prohibition;
- Absence of prior convictions;
- Circumstances involving an emergency or unavoidable necessity.
Sentencing principles emphasize deterrence and denunciation, particularly for repeat offenders or cases involving aggravating factors.
What is Needed to Secure a Conviction?
To secure a conviction, the Crown must demonstrate:
- Identity of the Accused: Proof that you were the person operating the vehicle;
- Jurisdiction and Timing: Evidence that the operation occurred in Canada within the applicable timeframe.
- Operation of a Vehicle: You operated a motor vehicle or similar conveyance on a public roadway or space.
- Prohibition Order: Your licence was suspended due to a court order or legal restriction, and you were aware of this prohibition.
- Non-Compliance with Exceptions: If applicable, proof that you were not registered in or failed to comply with an ignition interlock program.
Don't face Operation While Prohibited charges alone. Contact (306) 994-9522 for professional legal guidance.
Defending Against Operation While Prohibited Charges
A skilled defence lawyer may use several strategies to challenge Operation While Prohibited charges, including:
- Lack of Knowledge: Demonstrating that you were unaware of the prohibition due to a failure to receive or understand the court order.
- Necessity: Arguing that you operated the vehicle due to an urgent or unavoidable emergency.
- Charter Violations: Exposing unlawful search, seizure, or detention, which could lead to the exclusion of evidence.
- Mistaken Identity: Challenging the Crown’s ability to prove you were the person operating the vehicle.
Navigating these defences requires expertise and a thorough understanding of the law. Contacting an experienced criminal lawyer can provide you with the guidance and advocacy needed to build a robust defence.
Have You Been Charged with Operation While Prohibited?
An experienced criminal defence lawyer is essential when facing “Operation While Prohibited” charges. A criminal defence lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
Need a Criminal Defence Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Defence Lawyer
Don't hesitate to reach out to us if you have been charged with “Operation While Prohibited”. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.
Complete the Form Below for a Free Legal Consultation with a Criminal Lawyer
Contact Form for Criminal Law Inquiries Only