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

A client of criminal lawyer Xavier Cormier was charged with driving his vehicle with impaired faculties (Section 253 Criminal Code of Canada). Mr Cormier decided to take the case to trial, since the police report did not contain sufficient evidence of alkoholemia. On the day of the trial, Mr. Cormier discussed the case with the Prosecutor. The latter dropped the charges because of lack of evidence, and Mr. Cormier’s client

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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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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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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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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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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 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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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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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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A client charged with impaired driving and dangerous driving is acquitted

A client of criminal lawyer Luc Simard had been charged with impaired driving (Section 253a) and 255(1) Criminal Code of Canada, refusal to take a breathalizer test or provide a blood sample (Section 254 (5) Criminal Code) and dangerous driving (Section 249 (1) a) (2) b) Criminal Code). Mr. Simard sent the Prosecutor’s Office a request under the Canadian Charter of Rights and Freedoms demanding stay of proceedings because of

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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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