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 as loss of his driver’s license for at least 3 years because of the excessive alcohol rate.
The client admitted he was guilty, but wished to find a way to reduce the consequences for his freedom and his driver’s license. Negotiations were held with the Prosecutor. The latter agreed not to produce the repeat offence certificate, which entailed an automatic prison sentence, and not to file as evidence the alcohol rate at the time of the guilty plea. Instead, a $ 2,000 fine was suggested to the Judge, as well as a one year suspension of the client’s driver’s license. Also, this type of settlement meant the license was not automatically revoked for 3 years by the SAAQ despite the alcohol rate.
Not all Mr Cormier’s clients benefit from this type of sentencing measures. See notice.
