Exclusion Of Evidence Following a Violation Of Rights On A DUI Case

May 23, 2018

The story for our client began in September 2016 when he was stopped by police officers in Joliette, Quebec. It was a night that would be the start of harrowing two year experience that would leave our client enmeshed and confronted by the Canadian Justice system. On that night in September, our client was unceremoniously arrested for allegedly having driven under the influence. He was stopped, asked to exit his vehicle and after the officers made their observations of his demeanor he was arrested and read his rights and driven back to the police station. Upon arrival, he was allowed a phone call to a lawyer and then he submitted to the two required breathalyzer tests. By the end of the night, his license had been suspended and he was charged under two sections of the Canadian Criminal Code, sections 253(1) and 255(1).

Soon after his arrest he sought the counsel of Me Bernard Lévy-Soussan at Ticket911.ca, a law firm specializing in penal and criminal infractions related to the road. Me Lévy-Soussan, having been a prosecutor for the city, has over twenty years experience on both sides of the field, is well read in infractions described as driving under the influence. He brings his wealth of knowledge to every case and did so in the case of our client. The case was built and centered on a motion in virtue of the Canadian Charter. Specifically a motion for the exclusion of evidence by contrary to sections 8, 9 and 24(1) of the Canadian Charter of Rights and Freedoms. This is a motion that essentially alleges in the early evening of September 2016 Me Lévy-Soussan’s client was wrongfully arrested in a manner that infringed his charter rights guaranteed to every Canadian by law. In particular this motion alleged that the evidence obtained by the arresting officer could be used as a basis for reasonable ground to arrest on suspicion of driving with impaired faculties. The fatal mistake of the officer was that had he strongly believed Me Levy-Soussan’s client to have been impaired he should have requested that he submit to a roadside test with an Approved Screening Device. While this is usually the case in arrests of such nature it was not done in this case. The motion hinged on this fact, and once argued in court, the motion persevered and the client was acquitted in court.

This acquittal provided the client with a deep sense of relief. He was no longer faced with the long years of having to carry with him a criminal record. He was saved from years of having to declare it on job applications, he was saved further lengthy and expensive license suspensions. In all he was allowed to go back to his life and continue living without this heavy cloud hanging above him. This is what effective legal representation can do for you. When faced with criminal charges of any sort it is always important to explore every avenue, every legal option before you. The most effective way to do so it to find counsel who can fight for your rights as Me Lévy-Soussan did in this case, and in all the cases at Ticket911.ca. Do not hesitate to call for your free legal consultation today.

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