Xavier Cormier, a lawyer, defends clients charged with driving under the influence (DUI) (See Section 320.14 of the Criminal Code of Canada and the following). The main offences of impaired driving are: driving a vehicle with impaired faculties, having a rate of alcohol beyond 80 milligrams of alcohol per 100 millilitres of blood or a drug level above the limit within two hours of driving, and care or control of a vehicle with impaired faculties. Driving a vehicule include “care and control” of the vehicule.
The lawyer in charge of defending a person charged with driving under the influence has to assess several factors while preparing the defense. For example, were the rights of the defendant under the Charter of Rights and Freedoms respected? Were the required breathalizer procedures respected? Were the client’s faculties impaired by alcohol? What was the client’s alcohol consumption scenario before he blew in the breathelizer? What were the symptoms of alkoholemia that the police could observe? Do defences of extreme intoxication or involuntary intoxication apply to the case?
Offences of driving under the influence entail a minimum sentence. An absolute discharge or a conditional discharge are not a possible sentence in cases of driving under the influence in Quebec.
Penalties:
Open the other bulletins of this web site to read about examples of DUI cases defended by Cormier Simard law firm.
We recommend that individuals charged with driving under the influence of alcohol resort to the services of a criminal defense lawyer as soon as possible.
