Charges related to impaired driving When a person is charged with impaired driving, he or she is often charged on two counts. The first is the operation of a vehicle at a time when the ability to drive was impaired by alcohol or a drug (or both). The second count...
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What is a lawyer’s role in a sexual offence case?
What is a lawyer’s role in a sexual offence case? As of 2015, more than 5,800 sexual assaults had been reported in Quebec, and this number continues to increase. Crimes of this nature are taken very seriously by the Quebec judicial system.Whether you are a victim or the accused, it...
How can a criminal record impact your private life?
How can a criminal record impact your private life? Whether the court finds you guilty of an offence or you decide to plead guilty to the charge against you, be aware that the consequences aren’t limited to the short or medium term; they can be for life. Indeed, as soon...
Fixed photo radars: an automatic acquittal in Quebec?
Fixed photo radars: an automatic acquittal in Quebec? The answer to this question is not obvious. However, it can be said that Judge Cimon’s judgment [1] not only caused much ink to flow, but also set a precedent in this regard. This judgment withdraws from the prosecution fundamental evidence enabling...
What is a charge of care and control of a motor vehicle while impaired?
What is a charge of care and control of a motor vehicle while impaired? The law prohibits the care and control of a vehicle while impaired, even if you are not driving it. Indeed, many people believe that sleeping in a vehicle while intoxicated is safe and not subject to...
Is a random check by a police officer legal?
Is a random check by a police officer legal? Have you ever been stopped by a police officer when you thought you were driving perfectly and your vehicle was in order? Whether it is a roadblock, a verification of your driver’s licence and proof of insurance, the physical condition of...
Reasons a police officer may ask you to pass a field sobriety test
Reasons a police officer may ask you to pass a field sobriety test If a police officer asks you to take a field sobriety test, there is likely a good reason. A mere whiff of alcohol on your breath is enough to give them reason to suspect the presence of...
How does a drug recognition expert’s evaluation work?
How does a drug recognition expert’s evaluation work? If your conduct raises suspicion, you may be assessed by an expert police officer trained in drug recognition. Under the law, the term “drug” used in drug-impaired driving is very broad. In impaired driving cases, this term includes not only illicit drugs,...
Impaired driving and the screening test
Impaired driving and the screening test The screening test for impaired driving is a roadside test using a device called an Approved Screening Device (“ASD”) that a driver may be subjected to following the interception of his or her vehicle. For a police officer to order a person to comply...
What are the strangest sections of the Criminal Code?
What are the strangest sections of the Criminal Code? 2017 marks the 150th anniversary of Canadian Confederation. It also marks the advent of several important legislative changes, such as the introduction of a bill to legalize the recreational use of marijuana. Finally, it marks the 125th anniversary of our Canadian...