Avocat Thetford Mines

Impaired driving is a highly complex and specialized field of law that requires a great deal of experience and knowledge in order to understand and use the different means of defence. Below are a few examples of questions that the lawyer must answer in such cases:

1. Can the Crown prove that the person was in care and control of his motor vehicle at the time of the offence?
2. Were the devices used in good working condition and maintained in accordance with the man-ufacturer’s manual?
3. Were the devices used handled correctly?
4. Did the police conduct the tests as soon as practicable?
5. Once pulled over, were the police obliged to wait 15 minutes before taking a breath sample?
6. Were there violations of the constitution while obtaining samples or observing symptoms?
7. Did the police deprive the accused of his or her right to seek a lawyer’s assistance without delay?
8. Was the order to collect a breath sample valid?
9. Under the circumstances, was the individual detained beyond what is considered an ac-ceptable length of time?
10. Did the police have reasonable grounds for suspicion to summon the person to take a breath sample with the approved detection device?
11. Did the police have reasonable grounds to conduct the arrest?
12. Did the person have a reasonable excuse not to breathe into the breathalyzer?

Those are a few examples of questions that lawyers specializing in this branch of law must ask themselves. Since each case is unique, several other elements may need to be analyzed.

Pursuing an appeal is very costly. The bulk of the expense arises from producing the necessary documents for the Court of Appeal to make a decision. Strict rules must be respected or the appeal will be dismissed. In the case of a long trial, having the shorthand notes transcribed and producing the appendices to the legal brief can easily cost several thousand dol-lars, sometimes up to $10 000. However, we are now able to do all the preparatory work within the firm which prevents us from having to hire independent companies to prepare the docu-mentation for us. This significantly reduces the fees we bill our clients. A ceiling price is usually determined with respect to legal fees, helping avoid unpleasant surprises

We are committed to providing accessible legal services. Our lawyers are very competent and offer their services at a reasonable price. For more details on our rates, click here.

The judicial process can seem endless when a victim is seeking justice and compensation for the harm done. However, a Supreme Court decision made in the summer of 2016 dramatically changed the judicial system’s practices and customs with respect to time limits. The Quebec Court of Appeal recently ruled that from now on, lawyers, judges, and all those who have an effect on legal deadlines must act in the most expeditious way possible. If the accused is entitled to a trial within a reasonable timeframe, the alleged victim also has the right to obtain justice promptly. Nevertheless, it is best to expect to wait several months before a case is closed.

Not necessarily. However, it is a custom is that the accused make a charitable donation. This custom satisfies an objective contained in a sentence, which is to provide reparations for harm done to victims or to the community. Click here for more details on the legal concerns of mak-ing a donation.

We advise anyone facing such charges to contact a lawyer as soon as possible following their arrest, namely for the following reasons:

1. In exceptional circumstances, the lawyer can contact the Director of Criminal and Penal Prosecutions and submit defence evidence in hopes of avoiding criminal charges.
2. During your first meeting, the lawyer can make verifications in order to determine whether your driver’s license can be recovered quickly by filing an appeal with the Tribunal administratif du Québec in order to contest the charges.
3. If your vehicle was seized, the lawyer can find out if it is possible for it to be recovered by filing a motion for withdrawal of the seizure with the SAAQ.
4. The lawyer can take measures in order to receive disclosure of the evidence prior to appearance and therefore quickly prepare the theory of the case.

It is recommended to contact a lawyer quickly.

Yes. We invite you to consult our website’s “Recent successes” section.

We are your ally. We believe in getting the best possible result for you. We will make sure that you are consistently well represented and that the judicial system proves equal to the task. Do not hesitate to contact us. Our lawyers will always take the time to listen to you.

The hourly rate will apply until the ceiling price (maximum price) prearranged with the lawyer has been reached.

Yes. Discharges are given to people who are guilty of a crime. Although they are not an exceptional measure, certain requirements must be met for the judge to make such an order.