A client charged with driving under the influence of alcohol is acquitted

A client of criminal lawyer Luc Simard had been charged with driving a vehicle under the influence of alcohol (Section 253 a) Criminal Code of Canada). Mr. Simard read the evidence and information. He found an error in the drafting of the criminal information by the prosecution. The Prosecutor eventually dropped the charges of drunken driving, and Mr. Simard’s client was acquitted.Not all clients of criminal lawyer Luc Simard are

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Insufficient evidence of impaired driving: the client is acquitted

An individual was caught driving in the wrong direction with his car. Montreal policemen noticed he was agitated and smelled like alcohol. They found drugs in his possession. The individual also admitted to the police he had drunken several beer and had smoked marijuana. Therefore, he was charged with driving under the influence of alcohol  under Sections 253 and 255 of the Criminal Code and resorted to the services of

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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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Driving impaired and refusing to provide a sample: recent jurisprudence

Mr.Xavier Cormier is a criminal defense lawyer practising law in Montreal.Here is a summary of a recent judgment passed by the Court (Mr. Cormier was not involved in this case), proving that sometimes, evidence of impaired faculties due to alcohol consumption may lead to an individual being convicted of one charge but may lead to this individual’s acquittal on another charge.The defendant was charged with driving a vehicle while his

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