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section 601(3)
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601(3) Subject to this section, a court shall, at any stage of the proceedings, amend the indictment or a count therein as may be necessary where it appears (a) that the indictment has been preferred under a particular Act of Parliament instead of another Act of Parliament; (b) that the indictment or a count thereof (i) fails to state or states defectively anything that is requisite to constitute the offence, (ii) does not negative an exception that should be negatived, (iii) is in any way defective in substance, and the matters to be alleged in the proposed amendment are disclosed by the evidence taken on the preliminary inquiry or on the trial; or (c) that the indictment or a count thereof is in any way defective in form.

mandatory-jail-sentence-avoidedWith few exceptions, the Criminal Code requires that the Court impose a custodial sentence on an impaired driving, over 80 or DUI charge for a second time offender. However, there are technical ways of avoiding this otherwise mandatory prison sentence. With careful analysis of your case and a good advocate, jail can be avoided - even when a statutory mandatory minimum says otherwise.

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