R. v. Pizzacalla |
2014 CarswellOnt 14280 |
Ontario Court of Appeal
Criminal law | Offences | Operation of motor vehicle while disqualified | Elements | Motor vehicle
Accused was previously convicted of impaired driving — As part of sentence, accused was prohibited from operating motor vehicle for 3-year period — Accused was under prohibition when he was stopped, while driving vehicle known as "e-bike" — Accused claimed that as his vehicle did not need to be licensed, he was not violating his prohibition — Accused was charged with operating vehicle while disqualified — Accused was convicted of this charge, and appeal from summary conviction was dismissed — Accused moved for leave to appeal from dismissal of appeal — Motion dismissed — Appeal from summary conviction required question of law to be tried — There was no dispute on facts that accused's vehicle was motor vehicle — There was no evidence that vehicle was equipped with interlock system, that may have allowed accused to drive with permission — Accused was properly informed of requirements of prohibition — Both summary trial and summary conviction appeal judges were correct in finding against accused.