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Debra, Lawyer
Category: Canada Law
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I was caught driving while prohibited in Alberta. sec. 259(4)cc

Customer Question

I was caught driving while prohibited in Alberta. sec. 259(4)cc What are the minimum and maximum penalties I should expect? This is a first offense.
Submitted: 7 years ago.
Category: Canada Law
Expert:  Debra replied 7 years ago.
Here is the provision in the Criminal Code:

(4) Every one who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or

(b) is guilty of an offence punishable on summary conviction.

If this is the first time this has happened (I assume you mean this when you say this is a first offence) there's no reason to expect that you would get a maximum penalty. I only provided it as you asked but certainly am not implying that you would get sentenced anywhere near the maximum.

It's hard to know what you should expect as I don't know the actual facts but what you can do is speak to duty counsel and find out what the Crown is looking for in terms of sentencing and consider making some deal with the Crown if that's appropriate under the circumstances.

Let me know if you need further clarification.

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