A curative discharge is a particular discharge type granted to individuals charged with driving over .08 or impaired driving and require remedial treatment. This specific kind of release isn’t a get-out-of-jail-free card. It is reserved for people who need curative treatment due to their alcohol addiction.
As per Section 255(1) of the Canadian Criminal Code, the court may grant a curative discharge in specific conditions where an individual requires treatment. Also, awarding such conditional release wouldn’t be contrary to the public interest.
Apart from the curative aspect, a curative discharge also allows a person to avoid a conviction related to a criminal offence under Section 253 of the Canadian Criminal Code. In addition to that, a judge can also prevent obligatory minimum sentence requirements when granting this specific discharge type.
Besides a criminal record, individuals convicted of a DUI offence will get an obligatory one-year driving suspension, a monetary fine of at least $1000.00, and a 30% victim surcharge. Nonetheless, a curative discharge can allow the offender to avoid a criminal offence conviction if they can prove that they required curative treatment at the time of the felony.
While a curative discharge can be received by an individual charged with driving under the influence, it cannot be received by someone who has been convicted of a breath sample refusal offence. Upon receiving a curative discharge, you’ll have to serve a probationary period requiring you to fulfil all conditions like keeping the peace, reporting to a probation service, refraining from consuming or selling alcohol, and displaying good behaviour.
How Can I Get A Curative Discharge?
As a curative discharge is a peculiar sentencing measure, it’s not usually that easily granted to an accused. Suppose you want to get a curative discharge. In that case, you’ll need to set a date in court usually 4 to 6 months down the line, to give yourself enough time to get the required evidence to support your application.
For you to successfully apply for a curative discharge, you’ll need to fulfil the following vital things:
- A medical proof form from a medical doctor certifying that you were addicted to alcohol at the time you committed the DUI offence under consideration
- A confirmation that you’ve received intensive curative treatment after the DUI offence – this will usually include evidence that you’ve indeed completed detox or in-patient treatment, and now seek ongoing support and counselling from an addictions support group
Apart from appearing before the court of law, you’ll also need to convince the judge that granting you a curative discharge from your criminal offence wouldn’t be contrary to the public’s interest.
Factors That Affect The Final Decision About Granting A Curative Discharge
When deciding whether or not to grant you a curative discharge is in the best interest of the public, the judge will usually consider the following vital things:
- Your prior criminal record, and whether you’ve any other alcohol-related felonies on your record
- The likelihood of your rehabilitation following your treatment;
- How motivated you are to complete the program and avoid driving again under the influence; and,
- The circumstances of your offence, especially whether you caused any damage to other people or property
Applying for a curative discharge is an increasingly challenging and time-intensive procedure requiring the expert assistance of an experienced criminal defence lawyer to represent your interests in the best possible way.
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