LEGAL EXPERTISE

IMPAIRED DRIVING CHARGES – DUI Lawyer

DUI Lawyer in Gatineau - Protect Your Rights with Experienced Legal Representation for DUI Charges

There are several offences related to impaired driving. The most common are:

  • Driving while under the influence of drugs or alcohol
  • Impaired driving causing bodily harm
  • Impaired driving causing death
  • Refusal to comply with an order or to provide a breath sample
  • Driving while under a driving prohibition
  • Dangerous driving
  • Hit and run

 These common offences are committed by people of all ages and backgrounds, and they have a wide range of impacts. Upon arrest, you may receive a driving prohibition under the Quebec Highway Safety Code (SAAQ), in addition to the consequences that may be imposed by the criminal court should you be found guilty. Me Benoît can minimize the impact of these charges.

Possible impaired driving defences

Over the years, Me Benoît has developed expertise in vehicle offences. He stands out in particular when it comes to defending impaired driving cases. Even before your appearance, he will go through your file with you to gather as much information as possible. This is to establish and preserve the underpinnings of your defence. He will scrutinize the police officers’ work and note even the slightest departure from the rules. He will check the handling and maintenance of the devices the police used. He will give you all the information he collects so that you can make an informed choice about how to pursue your case.

Sentences for impaired driving

It is important to understand that a person convicted of one or more of these offences may face minimum sentences[1] in the Quebec Court, Criminal Justice Division. The minimum penalty will be the amount of the fine and/or the period of detention. In addition, the judge must compulsorily pronounce a driving prohibition. It should be noted that in the event of a second offence, the Criminal Code provides for minimum periods of detention, which must be served in a detention centre.

It is important to note that the penalties provided by the Criminal Code differ from the administrative penalties imposed on you by the SAAQ (the Quebec automobile insurance corporation). These are often more severe than those imposed by the Court of Quebec, Criminal Division in regard to your right to drive.

[1] A minimum sentence is a sentence below which a judge cannot go. Once found guilty, the accused must at least receive the sentence that applies to his or her offence, depending on re-offence.

Personalized support to help you make informed decisions

Are you facing charges?

For greater peace of mind, and to give Me Benoît ample time to advise you and build your case, contact him as soon as possible after your release by the police. To preserve your memory of the events, take note of the course of your day up until your release by the police. This may be essential to your defence. You will find a form here to help you to jot down all the important elements.

 

FREQUENTLY ASKED QUESTIONS

Any doubts or questioning? Consult our frequently asked questions section below:

I WAS ARRESTED. WHAT SHOULD I DO?
The police probably gave you certain documents (promise to appear, conditions, licence suspension, etc.), or you may have received a summons by mail. Be sure to keep these documents for Me Benoît. Write down the story of the events that led to your arrest and do not discuss these details with anyone other than us.

DO I NEED A LAWYER?

Generally, you do not have to be represented by a lawyer. However, as defence lawyers, Me Benoît is a specialist and knows the criminal law, the procedure and the rules you have to follow. He can advise you properly and maximize your chances of getting the best possible result.

Contact Me Benoît for more information.

DO I HAVE TO HAVE MY FINGERPRINTS TAKEN?

Read any documents you received very carefully. Depending on the charge, a date for taking your fingerprints may be included in these papers. Failure to report to the police station on that date may result in a breakage charge against you.

Contact Me Benoît for more information.

DO I HAVE A DEFENCE? IS AN ACQUITTAL POSSIBLE?
Every case is different, and there may even be several possible defences for you. Me Benoît will explain them to you. Know that the Crown Attorney must demonstrate your guilt beyond a reasonable doubt. He will also ensure your constitutional rights have been respected and seek redress, if it was not the case.

Contact Me Benoît for more information.

I DO NOT WANT TO GO TO TRIAL. WHAT HAPPENS IF I PLEAD GUILTY?
Pleading guilty or being convicted after trial usually results in a criminal record. Me Benoît can save you this situation, if at all possible in your case. He will negotiate with the Crown to withdraw some or all of the charges. If necessary, he will negotiate the best possible sentence for you, considering the specificities of your situation. Exoneration will save you from having a criminal record.

WHAT IS THE IMPACT OF HAVING A CRIMINAL RECORD?
Huge. For example, you may not be able to travel to certain countries or hold some jobs. Maybe these consequences do not seem too restrictive to you now, but you never know what opportunities the future holds, and will not want to miss them. You might be able to get an exoneration. Do not take the situation lightly. Contact Me Benoît!

WHAT ARE MY CHANCES OF AVOIDING TRIAL?
95% of criminal charges are settled through negotiation. The parties can negotiate the charges or the sentences and then come to an agreement they propose to the court. Through this process, Me Benoît can obtain the total or partial withdrawal of the charges, or the application of a sentence that satisfies both parties. He is experienced in these negotiations and, with our great knowledge of criminal law, he will make sure we get the best possible result.

CONTACT Me BENOÎT TODAY!

819-205-1477