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 of the breathalizer test may not be submitted as evidence. According to him, the officers were not allowed to arrest his client because they had no valid reason to do so. Consequently, the ensuing detention and breathalizer tests were incompetent evidence. The day of the trial, the Prosecutor explained to the Court that because of Mr Simard’s request, he had decided not to submit any evidence: the client was acquitted.
Not all criminal lawyer Luc Simard’s clients are acquitted. See notice.
