Driving under the influence of alcohol (DUI)

Xavier Cormier, a lawyer, defends clients charged with driving under the influence (DUI) (See Section 253 of the Criminal Code of Canada, 253(a), 253(b) and the following). The main offences of impaired driving are: driving a vehicle with impaired faculties, driving a vehicle with a rate of alcohol beyond 80 milligrams of alcohol per 100 millilitres of blood, and care or control of a vehicle with impaired faculties or with

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Care or control of a motor vehicle with impaired faculties

The criminal lawyers of the Cormier Simard firm defend individuals charged with care or control of a vehicle while under the influence of alcohol. Care or control of a vehicle while having impaired faculties is an infraction included in the broader impaired driving charge (Section 253 Criminal Code of Canada).Acts of care or control of a vehicle involve some use of the car or its fittings and equipment, or some

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Acquitted for impaired driving because of court delays

Sébastien Gagné, Montreal DUI lawyerAn individual was found sleeping in the driver’s seat of his motor vehicle, drunk and with a bottle of wine between his knees. Therefore, he was arrested by the Longueuil police and charged with care and control of a motor vehicle while his capacity to operate the vehicle was impaired by alcohol (Section 253 Criminal Code). The individual already had criminal records in this respect and

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Found sleeping drunk in his vehicle, he was acquitted of care and control

The police received a call about an individual who had fallen asleep in his vehicle in a state of inebriation. They went there and arrested our client for driving under the influence. More specifically, he was charged with care and control of a vehicle while his faculties were impaired by alcohol under section 253 Criminal code. A hundred per cent of the defendant’s job is spent driving, so he absolutely had

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A client charged with care and control of a vehicle while having impaired faculties is acquitted

Criminal lawyer Xavier Cormier represented a client charged with drunken driving. This client was charged with care and control of his vehicle while his faculties were impaired by alcohol and care and control of the vehicle with a level of alcohol that exceeded legal limits. He had spent the night in his vehicle, sleeping in a sleeping bag. Mr. Cormier argued there was no risk that the vehicle could be

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Is sleeping in your vehicle while drunk the same thing as driving under the influence?

This is an issue often debated by criminal lawyers: is a client having found shelter in his vehicle to spend the night, while he was in a state of drunkenness, guilty of an offence of care or control of a vehicle with impaired faculties? The answer is often yes.However, it does happen that people charged with this are acquitted by the Judge in this type of situation.This is what happened

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Care and control of a vehicle with one’s faculties impaired by alcohol or a drug: jurisprudence

In the Mallery case, the Court of Appeal of New Brunswick expressed the opinion that danger is an essential element in the offence of care and control.The defendant had left the headlights of his vehicle turned on while he was drinking alcohol in a bar. He returned to his vehicle and started the engine to check if the batteries were dead. He got out of his vehicle and was immediately

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