R. v. T.M.

(Calgary, P.C. - Driving while Prohibited). Driving while prohibited is often a discretionary charge laid by police. This is so because in many situations, police have the option when dealing with a person who is driving while disqualified to charge under the Traffic Safety Act (TSA) or under the Criminal Code of Canada. Strictly speaking, an accused who is driving while suspended may be charged under both the TSA and the Criminal Code. This is so because the definition of driving while prohibited (the Criminal Code), includes driving while suspended. 

In TM's case, the driving occurred at a stage where the accused was eligible to re-apply for a driver's licence. The accused improperly assumed that driving privileges were automatically reinstated. It is important for all persons who have had their driving privileges suspended to reapply for their driver's license.  In other words, you cannot just start driving simply because the suspension or prohibition period has ended. 

Rather than prosecuting TM under the Criminal Code, the Prosecutor reasonably agreed to accept a plea under the Traffic Safety Act. TM avoided a criminal record. 

There are many situations where resolution can be achieved by way of a non-criminal record outcome. For example, there may be other legislation that captures the same or similar allegations that can be used rather than the Criminal Code of Canada.

A qualified criminal defence lawyer understands that there are often many paths to resolving a case. The options are not only trial or guilty plea. If you have been charged with a driving offence, contact an experienced and qualified criminal defence lawyer in your jurisdiction for help. In Calgary, there are many criminal lawyers to choose from. David Chow offer a free initial telephone consultation.