Driving While Disqualified | Penalty and Defense

September 5, 2022

driving-vehicleDriving while disqualified is the act of driving after being legally forbidden from doing so. This can occur for several reasons, including accumulating too many driving record points, being convicted of a serious traffic violation, or failing to meet the requirements of a court-ordered restricted license. So, if you’re caught driving while disqualified, you were operating a motor vehicle even though you weren’t supposed to be, and now you’re facing severe consequences.

Penalty for Driving While Prohibited

The penalty for driving while prohibited will vary depending on the jurisdiction in which you are caught and the circumstances of the offence, but may include: 
  • A fine
  • Incarceration
  • Probation
  • Suspension or cancellation of driver’s license
If you are caught driving while prohibited, you must speak with an experienced legal attorney who can help you understand the specific penalties you may be facing in your state.

Driving While Disqualified Definition

Under the law, all drivers must abide by specific rules and regulations to operate a vehicle. If drivers fail to follow these regulations, they may be deemed “disqualified” from driving. This means that the driver’s license may be suspended or revoked, and the driver may be subject to other penalties under provincial Highway Traffic Act legislation.  When a driver is disqualified from driving, they can no longer operate any motor vehicle, including boats and aircraft. If you’re found guilty of driving operating a vehicle while disqualified, you will face a criminal charge of driving while disqualified.  Also Read: Understanding The 80+Rule And Impaired Driving In Ontario

Vehicles Seized for Drive Disqualified

Once caught driving while disqualified, a police officer has every right to take hold of your vehicle for a maximum of 45 days. The length of time your vehicle is seized will depend on your charges and the severity of what you’ve done.  In cases where the driver wasn’t the automobile’s owner, the vehicle will be released once the owner shows evidence to the arresting officer that the car was either stolen or taken without his consent. It is important to note that the vehicle owner is liable for any fees, including impound and towing fees, whether or not they are driving at that time.

Fighting Driving While Disqualified

If you’ve been caught driving while disqualified, don’t think that you’re automatically guilty of the offense. You have the right to defend yourself in court. Hiring an expert criminal lawyer like Richard to represent you in court is the right thing to do when facing charges like this. He can challenge any evidence collected against you and defend your rights before the court makes the final verdict about the case. When the crown attorney reviews your case and sees some loopholes in the charges or accusations, resolutions may be made to prevent you from going to jail. You can be found guilty of driving while disqualified if the prosecutor and arresting officer were able to attest that:  
  • you were prohibited from driving as ordered by the court
  • you were arrested legally and properly without your rights being violated
  • all documents are correct and legal
  • your trial is done fairly and within a reasonable time
Even when facing criminal charges, it may be possible for an accused person to have their case resolved without going through a full trial. This often involves negotiating resolutions that are less severe than those imposed by law and allows them to avoid the consequences of a conviction on penalty terms if found guilty. Also Read: How Should I Prepare for My Bail Hearing A defense can also involve proving reasonable doubt about one’s guilt to mitigate or eliminate any punishment accordingly.

Experienced Legal Defense

Before going  to trial, you have the right to defend yourself and gain access to an experienced criminal defense lawyer. As an experienced and a professional lawyer, Richard has provided the best criminal defense to those facing charges of driving while disqualified. At Fedorowicz Law, we work tirelessly on any case to get the best possible outcome. If you are facing criminal charges, whether driving while disqualified or any other type of charge, you need the best criminal defense lawyer possible. With years of experience, we can provide you with the legal expertise and guidance you need to ensure your rights are protected and you have the best chance of beating the charges against you. Feel free to call us at 249-266-4222 or email us at richard@fedorowiczlaw.com for your legal concerns.