Client acquitted. Allegation that driving while prohibited under Criminal Code for a dangerous driving conviction. Crown relying on statements made to officer by client at scene admitting knowledge of suspension and registrar’s certificate confirming he was suspended on the offence date as a result of a dangerous driving conviction. Court agreed that Crown had a) failed to prove the client’s statements were voluntary, and b) that the client had ever been provided with notice of the suspension. Unlike impaired driving and .08 convictions where driving prohibitions are mandatory, prohibitions on dangerous driving convictions remain discretionary. Accordingly, no presumption that client would have been advised of suspension in Court so proof from the Registrar of Motor Vehicles or otherwise that notice of the suspension went to the client was required.
July 2, 2010