Me Paul Charlebois

Recent successes

• Acquittals for impaired driving

  In several impaired driving cases, the defense obtained acquittals by demonstrating significant violations of constitutional rights. Among the accepted arguments: lack of reasonable grounds for arrest, failure to respect the right to counsel, unacceptable delays before the order to blow, and irregularities in the use of detection devices. In some cases, the court also recognized that no offense had been committed, as the client had arranged an alternative plan to return home.

• Withdrawal of impaired driving charges

  In other similar cases, charges were withdrawn following effective representations to the prosecutor. The defense highlighted key elements, such as a medical condition explaining a failed breathalyzer test, fundamental rights violations, and major irregularities in police work, thus convincing the prosecution to drop the proceedings.

• Minimum sentence declared unconstitutional

  In a sexual offense case, the defense successfully argued that the mandatory minimum prison sentence was unconstitutional. Given the client’s fragile medical condition, incarceration in a correctional facility would have constituted cruel and unusual punishment. The court authorized the sentence to be served at home, in line with protections guaranteed by the Canadian Charter of Rights and Freedoms.