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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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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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Impaired driving charge withdrawn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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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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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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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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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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A client charged with driving under the influence avoids going to prison

A client of Xavier Cormier, a criminal lawyer, was charged with driving a vehicle while her driving capacity was impaired by alcohol (Section 253 a) Criminal Code of Canada) and driving a vehicle while her level of alcohol was over 0.08 (Section 253 b) Criminal Code).This client already had a record for impaired driving. The Prosecutor could therefore demand a minimum compulsory sentence of 30 days imprisonment if the client

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The alkoholemia expert in cases of driving under the influence

Criminal defense lawyers can resort to expert chemists / experts in alkoholemia when defending clients charged with driving under the influence.What is the purpose of an expert in alkoholemia? When the criminal lawyer meets his client, he asks him to provide him with his scenario of alcohol consumption during the hours prior to committing the alleged offence. The expert in alkoholemia can use several variables to calculate how much was

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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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