Can you qualify for curative discharge on a first offense dui charge?
I have been charged with a DUI, I am not disputing the fact that I was over the legal limit, however my job is in the travel industry and I have never been in trouble for anything before. I don't a permanent criminal record, I will give up my license, go to counseling or whatever I have to do but I just want to to if a curative discharge is even possible for a first offense?
Asked over 4 years ago in Alberta
Categories: Criminal Law
Reply by Police Officer the shield
Bad news....at minimum you'll receive a fine and a year's driver's licence suspension.
Penalties/Suspension on Conviction, Prohibition, Driving Prohibition
259. (1) When an offender is convicted of an offence committed under section 253 or 254 or discharged under section 730 of an offence committed under section 253 and, at the time the offence was committed or, in the case of an offence committed under section 254, within the three hours preceding that time, was operating or had the care or control of a motor vehicle, vessel or aircraft or of railway equipment or was assisting in the operation of an aircraft or of railway equipment, the court that sentences the offender shall, in addition to any other punishment that may be imposed for that offence, make an order prohibiting the offender from operating a motor vehicle on any street, road, highway or other public place, or from operating a vessel or an aircraft or railway equipment, as the case may be, (a) for a first offence, during a period of not more than three years plus any period to which the offender is sentenced to imprisonment, and not less than one year; (b) for a second offence, during a period of not more than five years plus any period to which the offender is sentenced to imprisonment, and not less than two years; and (c) for each subsequent offence, during a period of not less than three years plus any period to which the offender is sentenced to imprisonment.
Posted over 4 years ago
I am a retired police officer with experience on the Tactical team, Vice Unit,
Major Crime Unit and Drug Squad.
Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation).
the Lawyer Directory.
<br />Assuming you are from Alberta, as indicated in the post line, you are eligible to receive a "curative discharge" for a first offence if the court is satisfied on the evidence presented at the sentencing hearing that you have a drug/alcohol problem and it would not be contrary to the public interest to grant you the discharge. The terms of probation must include a condition requiring you to seek treatment for the drug/alcohol problem. The curative discharge is an exception to the minimum fine that would otherwise have to be imposed. <br />CAVEAT: If you are not in Alberta, the above answer may not able since the curative discharge provision is not in force in all provinces. It is in force only in Alberta, New Brunswick, Nova Scotia, PEI, Manitoba, Saskatchewan, Yukon, and NWT.
Posted over 4 years ago