Random vehicle searches: withdrawal of resulting charges

One of the most common interactions between citizens and the police happens when driving. Despite police’s wide range of authority in checking drivers, their powers are not unlimited. Jurisprudence acknowledges that a police officer may not randomly stop a driver. This would involve, for instance, stopping a driver because the vehicle is traveling late at night in an area where a lot of drugs are sold.In a nutshell, this arrest

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Delaying to subject an arrested person to a breathalyzer test can be grounds for a dischargev

Police officers who suspect drivers of operating a vehicle while having alcohol in their blood may order a breathalyzer test as soon as practicable (Section 254 Criminal Code). If the instrument indicates a level above the permitted level, drivers can then be driven to the station to have a qualified technician administer the test again. If drivers fail again, they are charged with driving a vehicle with impaired faculties, that

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Impaired driving charge withdrawn

A lady was stopped in the City of Rosemère while driving her vehicle. After undergoing a breathalizer test, she was arrested for impaired driving under two charges: driving with an alcohol rate above the limit and driving while impaired by alcohol (Section 253 a) Criminal Code). She quickly contacted one of our lawyers dealing with impaired driving to ask him to defend her.Mr. Cormier noticed discrepancies on the certificate of

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Despite having an alcohol rate of over 160mg, a client who was a repeat offender for impaired driving avoided going to prison and extended loss of his license

A client of criminal lawyer Xavier Cormier’s was arrested for impaired driving because the alcohol rate in his blood was over twice the rate (over 160mg) tolerated by Sections 253 B) and 255 (1) of the Criminal Code. This client had already been found guilty of impaired driving in the past. Therefore, he risked incurring a minimum penalty of 30 days in prison because of the repeat offence, as well

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Restricted License because of Impaired Driving

Here are the main steps to follow before acquiring a restricted license because of a license suspension for impaired driving. A series of administrative measures apply when a person is arrested on charges of impaired driving (impaired driving, refusal to comply with a breathalizer test, driving with an alcohol level above the tolerated limit).First, the driver’s license is immediately suspended for 90 days. A restricted license cannot be obtained during

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A client is acquitted of impaired driving charges because of the illegal arrest

Our criminal law firm was defending a client charged with DUI (Sections 253 1a) b) and 255 Criminal Code). According to the recorded facts, there were few symptoms of alkoholemia at the time when the driver was apprehended by the police. Mr Luc Simard asked the Judge to take the case to court. Before the trial, Mr Simard sent the Prosecutor a request under the Canadian Charter that the results

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A client charged with impaired driving gets acquitted

Criminal lawyer Luc Simard was representing a client charged with impaired driving (Section 253 Criminal Code). During the trial, the Prosecutor had two witnesses testify: a police officer and a civilian. These witnesses testified about the symptoms of blood alcohol concentrations they observed in the client on the day of his arrest in his car. Mr Simard cross-examined these witnesses and then had his client testify. The latter explained to

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Refusal to comply with a demand

The offence of refusing to comply with a demand (also called a refusal to supply a sample of breath or complying) is provided under Section 254(5) of the Criminal Code. A person suspected of committing an offence of driving under the influence can receive an order to supply a sample of breath. The police officer may first order the suspect to breathe into the breathalizer at the site of the

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A client is acquitted for charges of refusing to comply

A client of criminal lawyer Xavier Cormier was charged with refusing to supply a sample of breath (Section 254(5) Criminal Code). The police reproached him with not providing a valid sample, after several attempts. Mr.Cormier had his client testify to the Court that he was not able to breathe strongly enough because he had bronchitis. The Judge found the client’s version credible and acquitted the latter for the offence of

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Ninety day suspension of driver’s licence | Restricted licence

Can a criminal lawyer help you get your driver’s licence or a restricted licence during the 90 day administrative suspension of your driver’s licence after being arrested for driving under the influence or refusing to comply with a demand?It is possible in exceptional cases to have the suspension lifted: it has to be proven to the authorities, with proof on a balance of probabilities, that you did not commit  the offence

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A client charged with drunken driving gets acquitted

A client of criminal lawyer Xavier Cormier had been charged with DUI (Section 253 Criminal Code of Canada). The police report mentioned her specific emotional state at the time of the arrest. Mr. Cormier negotiated with the Prosecutors several times during this case, emphasizing the problems of his client at the time when this happened. During the second hearing, Mr. Cormier proposed that a $ 1,500 charity donation be made

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