|This page was last substantively updated or reviewed January 2019. (Rev. # 84038)|
A person convicted of a motor vehicle offence will be subject to a mandatory driving prohibition under s. 259. The duration will be determined by a number of factors including the seriousness of the offence and the existence of any prior convictions.
The minimum prohibition duration is determined by the number of prior offences. Where there are prior convictions, the Crown must give notice in compliance with s. 727 in order to engage the increased penalty.
The phrase "or other public place" is found under section 259 (1) refers to a place "upon which motor vehicles can be driven ... to which a significant segment of the public has access as of right and where it can be reasonably anticipated that the motor vehicle Will come into close proximity to pedestrians or other motor vehicles."
Street, Road, Highway or Other Public Place
Section 259 requires a mandatory minimum Order of prohibition from driving for offences under s.253, 254 or 259. The length is as follows:
- First offence: 1 to 3 years (s.259(1)(a))
- Second offence: 2 to 5 years (s. 259(1)(b))
- All subsequent offences: 3 years or more (s. 259(1)(c))
Interlock program is available after:
- First offence: 3 months from sentence (s.259(1.2)(a)(i))
- Second offence: 6 months from sentence (s.259(1.2)(a)(ii))
- All subsequent offences: 12 months from sentence (s.259(1.2)(a)(iii))
- Or any later time as set by the judge (s.259(1.2)(b))
Section 259(2) allows a discretionary order of prohibition from driving for offences under s. 220, 221, 236, 249, 249.1, 250, 251 or 252 or 255(2) to (3.2). The length is as follows:
- Offences with max of life sentence or actual life sentence: any duration (s. 259(2)(a), (a1))
- Offences with max of 10 years: up to 5 years (s.259(2)(b))
- Any other offences: up to 3 years (s. 259(2)(c))
Street racing mandatory prohibitions in addition to other mandatory orders:
- First offence: 1 to 3 years (s. 259(3.1)(a))
- Second offence: 2 to 5 years (s. 259(3.1)(b))
- Any subsequent offences: 3 years or more (s. 259(3.1)(c))
Bodily harm offences under s. 249.3 or 249.4(3), the mandatory orders are as follows:
- First Offence: 1 to 10 years
- Second Offence: 2 to 10 years
- Any subsequent offences: 3 years or more
Death offences under s. 249.2 or 249.4(4), the mandatory orders are as follows:
- s.249.2 Offences: 1 year or more
- s. 249.4(4) offences: 1 to 10 years
- Any second conviction is life (s. 259(3.4))
The breath readings can be used to permit a greater duration. Section 255.1 treats readings over 160mg/ml as "aggravating circumstances" which can translate to a greater duration.
- Calculating Duration
The period of prohibition is the aggregate of the duration of the term of imprisonment and the period of prohibition ordered by the court.
When determining duration the Court may consider and subtract periods of driving prohibition that were imposed through release conditions.
When making an order for a driving prohibition, the sentencing court should spell out the duration of the prohibition as an aggregate of the duration of the term of custody and the duration of the post-custody prohibition.
Consecutive vs Concurrent
On Oct 1, 2008, s. 259(2.1) was added permitting discretionary orders for consecutive driving prohibitions:
Prior to Oct 1, 2008, a driving prohibition cannot be ordered to be consecutive to another driving prohibition that is already in force. The prohibition must begin at the day the order is made. Any offence that occurs prior to Oct 1, 2008, must have concurrent driving prohibitions.