In this case, a client of our firm pleaded guilty to charges of impaired driving causing bodily harm to her close friend.
The event occurred one night in November. Our client had gone to her friends’ house and had enjoyed a few drinks with them. Believing that she could still drive, she drove her car back to her place along with three of her friends. They then planned to take a taxi to a bar to continue the evening.
On the way home, our client hit the back of a parked car. The airbags deployed upon impact and caused a serious injury to the passenger’s chest.
The passenger was taken to the hospital and she stayed there for a day.
Our client was detained at her court appearance and was released the following day with restrictive release conditions.
While entering the guilty plea, the defence requested the preparation of a pre-sentence report to show the court our client’s positive development since she had become an adult.
During sentencing, the prosecution requested a firm prison sentence, while we requested a sentence of community service as well as monetary compensation to the victim.
The stakes were therefore very high.
We demonstrated with numerous precedents that an alternative to imprisonment was the sentence that should be privileged in this case, since it was an exceptional case.
It should be noted that, in recent years, sentences to be served in the community are no longer applicable for offences related to impaired driving causing bodily harm.
We entered the following mitigating factors into evidence:
- Our client’s young age
2. Absence of a criminal record
- Her cooperation with the police
4. Sincere regrets and empathy towards the victim
5. Desire to make amends to the victim
6. Compliance with the terms of her release for one year
7. Positive lifestyle
8. Low risk of recidivism
9. Positive pre-sentence report
The court took our suggestion and imposed a sentence of 200 hours of community service and a $3000.00 donation to a charitable organization.
Our client avoided a firm prison sentence.