Driving While Disqualifed

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Ottawa Criminal Lawyer Reviews

Dave Singh

3 days ago

★★★★★ Nick and his lawyers worked on my impaired driving case. I was worried about getting a criminal record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team to watch surveillance videos of me, solidify my defence, give me some information about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. My lawyer seemed to be known and had a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. We won the case.

Susan Miller

7 days ago

★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. It was difficult, but these guys were with us every step of the way, supporting us, explaining next steps, always answering our questions. They always were easy to get in touch with and answer questions. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.

Mohammad Nazim

1 week ago

★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.

Marisol Almarazo

2 weeks ago

★★★★★ I recommend them because they won my case! My criminal charges WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you

John Stocco

2 weeks ago

★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Mr. Charitsis, I was put as ease. The trial was simply outstanding to watch my lawyer cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!

Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.

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Driving While Disqualified: Offence & Consequences

Defending Against Charges of Driving While Disqualified

Driving while disqualified is a serious criminal offence in Canada.

The offence occurs when a person operates a motor vehicle after a judge has prohibited them from driving. The prohibition is due to a conviction for a criminal driving offence such as impaired driving, drinking and driving offences, or dangerous driving.

If you or a loved one has been charged with driving while disqualified, it’s essential to understand the legal definition, potential penalties, and available defences.

What is Driving While Disqualified

Driving while disqualified is the charge that a police officer would lay when they find a person driving a motor vehicle who has been prohibited from driving by a judge.

The offence is considered serious because a judge ordered the person not to drive and the accused disobeyed a judge’s order.

As disobeying a judge’s order is considered such a serious offence, most Crown Attorney prosecuting these matters will want the accused to go to jail for 90 days or more.

Driving While Disqualified Penalties

As mentioned where a person is convicted of driving while disqualified, the issue at sentencing will be that the accused disobey the judge’s order which is considered a very serious offence. 

The prosecution and court will be looking to ensure that the accused understands that the behaviour will not be tolerated and seek to severe penalties, including an extended period in custody (jail).

As well as this penalty the judge may imposed other penalties such as:

  • fines
  • probation
  • forfeiture of the motor vehicle
  • increased terms of license suspensions
  • any other conditions deemed reasonable by the court

To avoid the accused going to jail, it is highly recommend that persons accused of driving while disqualified speak to one of our criminal lawyers prior to the first court hearing date. 

Defending Driving While Disqualified Charges

Everyone is entitled to defend themselves in court when charged with a criminal offence.

It’s important to remember that just because the police have arrested you for driving while disqualified, you’re not automatically guilty.

Available defences to drive disqualified may include:

  • challenging the evidence
  • legality of the prohibition order or the arrest,
  • demonstrating that the individual was not aware of the prohibition order, or that the person driving was not the one prohibited from driving.

As well legal arguments like:

  • Right to Trial within a Reasonable Time: There are time limits for holding a trial, and the prosecution and court system must ensure that your trial takes place within a reasonable period. This right is protected by the Canadian Charter of Rights and Freedoms.

  • Proof beyond a Reasonable Doubt: The judge must be 100% certain of your guilt in order to convict you of DUI. If the judge has any reasonable doubt about your guilt, they should dismiss the charge.

You have the right under Canadian law to have a lawyer challenge the evidence presented by the police and to have a judge hear what happened and make a decision about your guilt or innocence, not the police.

Thank you so very much, forever grateful. Many others said I should just plead guilty. Nick was attentive and took the time to explain the entire procedure and what it would entail. He explained how he was going to win, and followed up 8 months later with the charge being withdrawn.

What is a Motor Vehicle

Persons convicted of criminal driving offences are prohibited from driving a motor vehicle as defined by the Criminal Code of Canada which states:

Motor vehicle means: any vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment

Dangerous Driving | What is a motor vehicle | Image of a Grader as an example of whats included in the definition of motor vehicle.Where a driver is charged with the offence of Driving while Disqualified, a motor vehicle under the Criminal Code of Canada means any vehicle that is propelled by any type of engine.

This definition includes:

  • all trucks and cars
  • motorized construction equipment
  • tow motors, shunt vehicle and similar
  • farm vehicles, including riding mowers & golf carts

Although many of these vehicles are operated on private property.  Persons convicted of criminal driving offence are prohibited from operating a motor vehicle anywhere in Canada, including on private property, factories, farms, construction sites or elsewhere.

Charitsis-Sheikh LLP: Your Defence Against Driving Disqualified

At Charitsis-Sheikh LLP, we specialize in motor vehicle law. We understand the serious and disabling consequences of being arrested for driving while disqualified, and we want to help you.

To win a driving while disqualified charge, we need to have expert knowledge of the law, experience in running criminal trials, and the ability to speak and argue persuasively.

As defence lawyers, we possess these qualities, and we have reviews and testimonials from our satisfied clients to show for it.

Here’s what you can expect when you work with us:

  • A thorough review of the facts to learn what happened, including the lead-up to the arrest and driving, what happened during, what happened with the police, whether everything was done legally, and if your rights were violated.
  • Observations of the strict guidelines for collecting and presenting documentary evidence as the police are required to produce documentary evidence of the prohibition.

  • Legal advice at all stages, including ordering police notes and disclosure, representation at all court hearings, representing you at meetings with the crown attorney, preparing and presenting all legal and trial arguments, and representing you at trial.

  • Our goal is to defend you through the legal system, to take care of your legal interests, and win your case and ensure you do not go to jail.

Some cases go to trial, while others are resolved before any trial proceedings.

There are times when our lawyers have charges withdrawn or reduced to non-criminal traffic charges. Like reducing a drive disqualified to drive while suspended under the Highway Traffic Act, which is not a criminal offence. We also explain to our clients where we see opportunities to win their case or raise legal defences.

As criminal lawyers and former crown attorneys, we know the law and are well-known to the judges, and we have a proven track record of winning and resolving criminal charges. 

Cost to Fight Drive Disqualified

Being charged with a criminal offence is a serious matter and can have life-changing implications. We firmly believe that this is not a time in your life look for cheap or “affordable lawyers”.

This one event in your life can have long term implications on your drivers licence, livelihood and family.  When charged with any criminal offence, you need the very best legal representation to protect yourself and your future.

As your criminal defence lawyers, we don’t nickel and dime our clients. We charge a fee which represents the high caliber of legal representation that we provide.

Our goal is to win your case, and we will do everything in our power to provide the best possible defence. We will appear and arrange all court dates, disclosure requests, discussions with the Crown Attorney, and prepare all documents and motions for your case.

Prior to any trial, we will meet with the Crown Attorney to review and argue the merits of a withdrawal and to canvass any reduced charges. We will keep you informed and updated on your case and provide advice on what you can do to help your case, such as writing out your version of events, obtaining documentary evidence or witnesses, and arranging for counseling where necessary.

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Call: 613-703-5599