Curative Discharges for Impaired Driving Offences
Everyone has difficult times in their lives which can result in bad choices with drastic consequences. Alcohol and drug dependency is considered a disease, and the Canadian Courts and Legislatures have acknowledged this fact and thus have enacted Section 255(5) of the Canadian Criminal Code.
Section 255(5) of the Canadian Criminal Code permits a Court to grant a “curative discharge” instead of imposing a conviction for an offence under section 253 of the Canadian Criminal Code (impaired driving or failing the breathalyzer). A conviction for impaired driving or failing the breathalyzer can come with severe consequences such as but not limited to:
- Imprisonment – Thirty (30) days imprisonment for second offence, one hundred and twenty (120) days imprisonment for third offence.
- Criminal record – Can impede and restrict your ability to travel.
- Suspended Driver’s license – Potential to negatively impact employment if having a driver’s license is required.
- Substantially increased insurance rates – Insurance rates increase upon conviction.
- Expensive fines - $1000.00 fine for first offence that increases each conviction.
With such severe consequences, an accused and their loved ones will want to respond to this issue immediately to increase their probability for success.
A curative discharge is available in Nova Scotia and all other Canadian provinces except British Columbia, Ontario, Quebec, and Newfoundland. A curative discharge results in the Court not imposing the minimum sentence prescribed by the Canadian Criminal Code, which means no criminal record, and will usually only result in the offender being on probation subject to conditions instead of some of the above listed consequences.
To grant a curative discharge the Court must be convinced that the offender is a person in need of curative treatment pertaining to their consumption of alcohol or drugs. The Court must hear the medical evidence, and the Court must be of the opinion that the discharge will not be contrary to public interest.
An application for a curative discharge can be a very complicated matter. Therefore you want to ensure that you have an attorney that is experienced in the area of curative discharges and impaired driving offences.
McCarthy Kuszelewski Law is a Halifax Law Firm that has several associates who have a vast amount of knowledge and experience pertaining to curative discharges and driving while impaired offences. Everyone is innocent until proven guilty so when you or a loved one is being subjected to such charges you want an experienced team of lawyers that can help fight for your cause in an effort to obtain your freedom.
Do not hesitate, contact us today day or night, and we will get started on your file immediately to help fight for your case! Contact: 902-431-4405, 902-221-7631, or admin@mkjustice.ca