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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100474
Experience:  Lawyer
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I been charge as drive while disqualified, Will this result

Customer Question

Hi , I been charge as drive while disqualified, Will this result to a criminal record?
JA: What state are you in? It matters because laws vary by location.
Customer: I am in Manitoba
JA: Has anything been filed or reported?
Customer: I believe not, Just driving while under licence is under suspension
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Canada Law
Expert:  Debra replied 9 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 9 months ago.

Were you charged under section 259 of the Criminal Code?

Customer: replied 9 months ago.
Well I am not sure, I got a pink court summons says I been charge as driving while disqualified, contrary to the Highway Traffic Act Code.
Expert:  Debra replied 9 months ago.

Then you are fine. You were only charged under the Highway Traffic Act which makes this a provincial offence and not a criminal code offence so you will not have a criminal record at all.

Does that answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 9 months ago.
But if I found guilty, Will this result to a criminal offence?
Expert:  Debra replied 9 months ago.

No!

That is not at all how the law works.

This will not turn into a criminal charge.

Customer: replied 9 months ago.
Will this result to a term of imprisonment?
Expert:  Debra replied 9 months ago.

Not at all.

You will have a fine to pay and that will be all.

Customer: replied 9 months ago.
But I did a lot of research on internet said that I possible a jail term up to 6 months.
What is the different between Driving while disqualified and Driving while under suspension.?
Expert:  Debra replied 9 months ago.

But that is for a repeat offender.

Why were you disqualified?

Customer: replied 9 months ago.
Tactically I did drive under suspension
Expert:  Debra replied 9 months ago.

Why was your licence suspended then?

Customer: replied 9 months ago.
Start from June, I been suspended for 6 months.
Expert:  Debra replied 9 months ago.

But why?

Customer: replied 9 months ago.
I was speeding , so I got suspended for 6 months
Expert:  Debra replied 9 months ago.

OK

And so it was not like you were suspended because of a DUI and that is why you were charged with driving while disqualified. It is a lesser offence and a provincial offence as I already explained.

So they are treating this as more minor and it is your first offence of this sort I assume so you will pay a fine and that is it.

Customer: replied 9 months ago.
OK
So basically. I been charge under the Highway Traffic Act.
This is not a criminal offence, and I will not receive any criminal record .
Is that right?
Expert:  Debra replied 9 months ago.

Yes. Exactly!

Expert:  Debra replied 9 months ago.

Is there anything more I can help you with at this point in time?

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