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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Can the state of health of a defendant have an impact on the sentence passed by the Court?

Answer: yes it can.The principle of individualization of the sentence means the Court can take into account the illness of an individual convicted of an offence when the time comes to impose a sentence.In a recent judgment by the Quebec Court, an individual was convicted of a series of charges related to driving a vehicle while his faculties were impaired. This individual had similar records going back over ten years.

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