|
|
|
| |
Criminal Defense Lawyer Benoît Gariépy
Mr Benoit Gariepy has been a member in good standing with the Bar of Quebec for over 12 years. He is also a member of several Criminal Defense Lawyers Associations. Me Gariépy graduated from the School of Law at the University Laval, in Quebec City. In addition to his law degree, he has a Master degree in Business administration (MBA) from the Higher School of Economics (HEC) at the University of Montreal.
He started his career as a prosecutor. This means that he is very familiar with the strategies and tactics of the prosecution... and knows how to counter them!
While acting as a defense attorney, he has handled thousands of alcohol offenses (DUI / DWI) with excellent results, helping people save their driver’s license, avoid sentences and having criminal records. He is doggedly independent, and believes in challenging everything for his clients' defence to be successful. As a matter of course, he is ready to fight your case by presenting extensive trial motions (e.g.: Charter of Rights issues), demonstrative evidence, photographs, witness testimony, videos, defence experts, essential cross-examination of the prosecution's witnesses, and, of course, your testimony.
He spends many hours per month researching the latest cases, legal treatises and articles on the subject of drunk driving defence allowing him to be on the cutting edge of DUI defence at all times. He makes several radio appearances in a well-known station in the province of Quebec, giving his expertise on different criminal law matters.
|
|
|
|
|
|
|
|
|
|
|
Your DUI case is not hopeless!
Even with the new impaired driving law, whether it’s because of alcohol or drug consumption, there is still ways to win your case. One of our criminal lawyers from the law office of Gariépy et Associés can help you win your case, keep your driver’s license and most importantly avoid a criminal record.
 As the years are passing by, drinking and driving laws harden. But at the same time, criminal lawyers from the law office of Gariépy et Associés are always evolving and finding new ways to win cases by challenging these new laws, trying new winning strategies and finding new flaws in the evidence.
Contrary to the popular belief, it remains possible to win an impaired driving case even with the new law C-2 adopted by the Harper government. For more than 15 years, criminal lawyers from the law office of Gariépy et Associés brilliantly defend the most complex drinking and driving cases.
You will find, below, some REAL cases (only names were changed) presenting different strategies presented by Me Benoît Gariépy which all led to an acquittal.
|
|
|
IMPAIRED DRIVING: LAWYER GARIÉPY CHALLENGES BREATHLYSER RESULTS
Pascale is not a lucky woman. She has been arrested for impaired driving two times in a few months. The first time she was charged of being in care and control of her vehicle while having consumed alcohol in such a quantity that the concentration of alcohol in her blood exceeded 80 mg of alcohol in 100 ml of blood (in fact, she had 225 mg of alcohol which is more than the double of the legal limit). The second time, she was charged of impaired driving and refusal to provide a breath sample. (in fact, she provided a first sample with a result of 287 mg of alcohol and then refused to blow again.)
Read More
Drinking and Driving Charges that Don’t Make Sense
Jason is an estate agent. He can’t afford to lose his driving licence because of his work. One night, while he was coming back from an event, he ended in the ditch on the 30 highway. When police officers arrived on the scene, Jason was outside his car. There was no witness of the accident and nobody saw Jason driving his car. Police officers asked him who was driving the car, and he answered that it was him. Police officers then suspected for some reason that his ability to operate his vehicle might be affected by alcohol and asked him to blow in an screening device roadside. Jason failed that test and was transported to the police station where he provided two breath samples with results of 169 and 165 mgs of alcohol per 100 ml of blood.
Read More
UNJUSTIFIED DELAY BEFORE TAKING THE BREATH SAMPLES
At work, Danny has to operate different heavy machineries. Consequently, he absolutely needs a valid driving licence otherwise he will lose his job. One night, while he was coming back from a bar, he was intercepted by police officers because he was driving in an erratic way. Police officers noticed that Danny had a breath of alcohol and then asked him to blow in a screening device. He failed that roadside test and was then arrested. Once at the police station, its breath samples revealed to be of 143 and 137 mg of alcohol per 100 ml of blood. As his employment was on the line, Danny consulted Me Benoît Gariépy.
Read More
THE RIGHT TO SPEAK PROMPTLY WITH A DUI DEFENSE LAWYER
VIOLATION OF THE RIGHT TO BE INFORMED PROMPTLY AND WITHOUT DELAY OF THE REASONS SUPPORTING THE ARREST, THE RIGHT TO RETAIN AND INSTRUCT COUNSEL AND TO BE INFORMED OF THAT RIGHT.
Denis is a business owner. He frequently needs to use his vehicle at work. One night, while he was coming back from a bar in his snowbike, he was involved in an important accident. At the scene, the police officers noticed symptoms of weakened capacities. As Denis was hurt, he was taken by ambulance to the hospital. One police officer took place with him in the ambulance while the other followed them. In spite of the fact that they already had enough grounds to arrest Denis at the scene, the police officers decided to wait and officially arrest him 1 hour later and inform him of his rights. Afterward, the police officers ordered Denis to provide a blood sample at the hospital, which he refused to do. Denis was thus accused of impaired driving and refusal to provide a blood sample.
Read More
INCOMPLETE EVIDENCE RELATED TO THE BREATH SAMPLES
Mathieu is almost done with his studies to become a fireman. He cannot afford a criminal record or a suspension of his driving licence. One night, while he was coming out of a bar, he was intercepted by police officers because he made his tires scrape. They noticed that Mathieu had an alcoholic breath and decided to use a screening test on him, which he failed. Mathieu was arrested, and once in the police station his breath samples revealed rates of 217 and 198 mg of alcohol per 100 mls of blood.
Read More
ERROR IN THE MANIPULATION OF THE BREATHALYZER
Simon is a health professional and a professional corporation member. He cannot afford a criminal record. While he was coming back from an event, he was intercepted for speeding. The police officers noticed an alcoholic breath from Simon, and ordered him to blow in the screening device. Simon failed this first breathalyser test, was arrested and was brought to the police station. The breathalyzer results revealed rates of 170 and 180 mg of alcohol per 100 ml of blood which is more than the double of the legal limit of 80 mg allowed in Quebec.
Read More
UNREASONABLE DELAY BEFORE THE TRIAL
Daniel is a “blue-collar” worker. One night, he was intercepted by the police officers who doubted his capacities to operate his car. They ordered him to perform some roadside physical coordination tests which he failed. Daniel was brought to the police station where he refused to blow in the approved instrument. He received a court paper which indicated the date and the location where he had to appear for his criminal case. Daniel didn’t appear at that date and a warrant was therefore emitted by a judge. During 5 years, nothing happened, until Daniel was intercepted again in his vehicle. Since he was under warrant, he had to appear detained the same day and was released afterward.
Read More
PROSECUTION POSTPONEMENTS
François lives in Québec, but work few months, every year, in Europe for a company who specifically required him to have a blank criminal record. One night while he was in Québec, police officers intercepted him because they thought he wasn’t in a state to operate his vehicle. François was arrested et brought to the police station where he was ordered to blow in the approved instrument which revealed rates of 139 and 137 mg of alcohol per 100 ml of blood.
Read More
POLICE OFFICER ACCUSED OF IMPAIRED DRIVING
Marc is a police officer. One night, while he was in his car behind the wheel in a parking waiting for his friends to come out of a bar, police officers came to him and had suspicions that he was intoxicated by alcohol. Since Marc was behind the wheel of his car, they arrested him and brought him to the police station. The results of the breathalyzer tests were high (184 mg and 175 mg of alcohol per 100 ml of blood). Marc’s career was greatly threatened. Knowing the reputation of Me Benoît Gariépy in drinking and driving cases, he consulted him.
Read More
SPECIAL CIRCUMSTANCES FAVORABLE TO THE ACCUSED
Benoît will soon be a professional corporation member, which needs a blank criminal record. One night, police officers intercepted him and suspected him to be impaired while driving his car. He was arrested, brought to the police station et was ordered to blow in the approved instrument. The results revealed low rates of 110 and 104 mg of alcohol per 100 ml of blood.
Read More
|
|
|
/DesktopModules/dnnUI_SlideUp/ImageHandler.ashx?img=/Portals/1/dnnUI_SlideUp/485/DrinkingDriving.png&w=300&h=200&C=1&Q=0&PortalID=1
There are legal ways to avoid criminal or related charges in a drinking and driving case.
DUI, DWI, impaired driving, drinking and driving; with the help of your criminal law defence lawyer, obtain an acquittal and keep your driver’s license.
Read more
/DesktopModules/dnnUI_SlideUp/ImageHandler.ashx?img=httpwww.droitmatrimonial.com/Portals/1/talkbefore.jpg&w=300&h=200&C=1&Q=0&PortalID=1
Fill out the drinking and driving form and let your attorney contradict the breath machine results.
The vital information you must provide your criminal law defence lawyer in order to obtain an acquittal, avoid a criminal record and, or, the loss of your driver’s license.
Read more
/DesktopModules/dnnUI_SlideUp/ImageHandler.ashx?img=/Portals/1/dnnUI_SlideUp/485/SlideUp4.png&w=300&h=200&C=1&Q=0&PortalID=1
CRIMINAL CODE OF CANADA - IMPAIRED DRIVING SECTIONS
Avoid criminal charges or a criminal record. Discuss first your case with an attorney of Gariépy and Associates.
Consult the sections of the Criminal Code of Canada that are related to your drinking and driving case.
Read more
/DesktopModules/dnnUI_SlideUp/ImageHandler.ashx?img=/Portals/1/dnnUI_SlideUp/485/Leaf.png&w=300&h=200&C=1&Q=0&PortalID=1
You have rights and resorts. Be aware of the Canadian Charter of Rights and Freedoms for your criminal case.
Gariépy and Associates will help you see through your drinking and driving case. Contact us and prevent criminal charges or convictions.
Read more
|
|