What is a curative discharge?

>>>What is a curative discharge?

A curative discharge is a special type of discharge that is granted to those who have been charged with impaired driving, or driving over .08, and who are in need of curative treatment. Curative discharges are available in all provinces in Canada except for British Columbia, Ontario, Quebec, and Newfoundland.

In addition to a criminal record, those who are convicted of an impaired driving offence will receive a mandatory one year driving suspension, a minimum of a $1000.00 fine, and a 30% victim surcharge. However, a curative discharge is a sentencing option that will allow an offender to avoid being convicted of a criminal offence if that person can prove that he or she was in need of curative treatment at the time of the offence.

While curative discharges are available for those who have been charged with impaired driving or over .08, note that it is not available to those who have been convicted of refusing to provide a breath sample.

If you are granted a curative discharge, you will be placed on a period of probation which will typically require that you abide by conditions such as keep the peace and be of good behaviour, report to a probation service, refrain from consuming or possessing alcohol, and refrain from going to businesses where the primary object of the business is the sale of alcohol. While you will not be convicted of an impaired driving offence, you will still be required to comply with the one year minimum driving prohibition and will need to pay a victim surcharge.

How To Get A Curative Discharge

Because it is a unique sentencing measure, a curative discharge is not easily granted. If you want to seek out a curative discharge, you will have to set a date in court typically four to six months down the line to provide you with ample time to obtain the evidence that you will need to support your application. In order to successfully apply for a curative discharge, you will require the following:

  • Medical proof from a doctor that you did in fact suffer from an alcohol addiction at the time of the offence; and,
  • Proof that you have sought out intensive curative treatment since the offence. This will typically include proof that you had successfully completed an in-patient treatment program or detox program, and are seeking ongoing counselling and support from an addictions support group.

In addition to the foregoing, you will have to convince the judge that discharging you from your offence would not be contrary to the public interest. When considering whether a curative discharge is in the public interest, the court will generally consider factors such as:

  • The offender’s prior criminal record, and whether they have other alcohol related offences on his or her record;
  • The likelihood of the offender’s rehabilitation following treatment;
  • How motivated the offender is to complete the program and how motivated the offender is to refrain from driving under the influence again; and,
  • The circumstances of the offence, specifically whether the offender caused damage to persons or property.

If you think that you might be a suitable candidate for a curative discharge and believe that this may be an effective way to address your impaired driving charges, contact one of our lawyers right away. We will be able to review the merits of your case and help you develop an aggressive treatment plan that will be well received by our courts. Further, we will be able to make full and effective submissions on your behalf before the court, and ensure that your case is presented in the best manner possible.

For specific information regarding your claim, please select the location that’s closest to you.

2018-04-13T14:23:32+00:00
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All our 30-60 minute free consultations are conducted with one of our Criminal Defence Lawyers and include the following steps:

  1. Gathering of some personal information about you, such as your level of education, occupation, and citizenship status. This information can be crucial for building your defence and seeking a resolution with the Crown Prosecutor;
  2. Careful review of all documents you received from the police. We will explain what each document is, and what you can expect from and need to do for all upcoming appearances;
  3. Critical review of your recollection of events, and any supporting materials you choose to bring with you. This step helps us identify possible defences and avenues for further investigation; and
  4. Discussion of the court process, our fee structure, and what we can do to help.

Beyond these steps, we would be happy to tell you more about us, and answer any questions you may have. If you chose to retain us to help you, we will immediately provide an overview of what steps we plan to take next, and suggestions as to what you should do to improve your chances of a successful outcome.

For the free initial consultation to be as productive as possible, you should bring (or email in advance) the following materials:

  • A written statement (preferably typed) outlining your version of events;
  • All documents that you have been given by the court or by the police;
  • Any disclosure you have received;
  • Photo ID; and
  • Any supporting documents, such as photographs, emails, texts, phone records, medical records, receipts, etc.

Ideally, you will have prepared a copy of these materials for us to keep, but if not, we can always photocopy them during the consultation.

We offer flexible payment options and structures designed to meet our clients’ individual needs. Our lawyers accept all major credit cards, bank drafts, money orders, email money transfers (e-transfers) and, of course, cash.

If you decide to retain us after the free initial consultation, all we need is a retainer (down payment) to get started. The rest of the fee payments for the case can be spaced out over time. We can set you up on a monthly or bi-monthly payment plan, and process payments over the telephone or by email to make it easy for you.

The cost of a criminal defence lawyer will depend on several factors, including:

  1. how complex your case is,
  2. how serious the charges are, and
  3. how experienced the Criminal Defence lawyer is.

The fees of a competent Criminal Defence Lawyer will typically range into the thousands of dollars. The good news is that only a fraction of that amount is due initially. We offer flexible payment schedules so thefees can be paid in monthly installments.

Additionally, we offer flat rate fees, with no hidden costs. It is our standard practice to review all the costs during the free initial consultation. This means you will know exactly what our services cost at the outset and can make an informed decision about how to proceed.