Suspension for driving while disqualified - Section 42

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Suspension for driving while disqualified - Section 42

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Suspension for driving while disqualified - 42

(1) The driver’s licence of a person who is convicted of an offence under subsection 259 (4) of the Criminal Code (Canada) or under a provision that is enacted by a state of the United States of America and that is designated by the regulations is thereupon suspended for a period of,

(a) upon the first conviction, one year; and

(b) upon a subsequent conviction, two years,

in addition to any other period for which the licence is suspended and consecutively thereto. R.S.O. 1990, c. H.8, s. 42 (1).

Determining subsequent conviction

(2) In determining whether a conviction is a subsequent conviction for the purposes of subsection (1), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. R.S.O. 1990, c. H.8, s. 42 (2).

Five-year limitation

(3) Clause (1) (b) does not apply when the subsequent conviction is more than five years after the previous conviction. R.S.O. 1990, c. H.8, s. 42 (3).

Order for discharge

(4) This section applies in the same manner as if a person were convicted of an offence if the person pleads guilty to or is found guilty of an offence referred to in subsection (1) and,

(a) an order directing that the accused be discharged is made under section 730 of the Criminal Code (Canada) or under a provision that is enacted by a state of the United States of America and that is designated by the regulations; or

(b) a disposition is made under section 20 or sections 28 to 32 of the Young Offenders Act (Canada) or a youth sentence is imposed under section 42, 59, 94, 95 or 96 of the Youth Criminal Justice Act (Canada) or an adult sentence is imposed under the Youth Criminal Justice Act (Canada), including a confirmation or variation of the disposition or sentence. R.S.O. 1990, c. H.8, s. 42 (4); 2000, c. 26, Sched. O, s. 2; 2006, c. 19, Sched. D, s. 9 (3).

Regulations

(5) The Lieutenant Governor in Council may make regulations designating provisions enacted by a state of the United States of America for purposes of this section and section 41. R.S.O. 1990, c. H.8, s. 42 (5); 1993, c. 27, Sched.


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