Drunk driving: Ottawa police officer wants to keep his job

An Ottawa police officer will challenge the constitutionality of a drinking and driving sentence to avoid a court record and keep his peace officer position.
The e June 23, 2018, around 2:15 am, police officers of the Sûreté du Québec in Gatineau wanted to stop a motorist for speeding – 123 km / h in a 70 zone – on Interstate 5, near the boulevard Fournier .

The driver did not stop and continued for more than three kilometers to Ottawa via the Cartier-Macdonald Bridge, King Edward Avenue, Laurier Avenue, Nicholas Street, and finally stopping. in the parking lot of the Desmarais Pavilion at the University of Ottawa.

“According to the police officers of the SQ, reads in the summary of the facts obtained in court, the Mercedes (the fugitive) has sped at high speed in residential areas, overtaking other vehicles carelessly, and burning a red light . ”

Once immobilized, the SQ police took out their weapon and demanded that the driver get his hands up in the air.

The police quickly understood who they were dealing with when they saw the badge in the suspect’s wallet.

The driver was an officer of the Ottawa Police Service (OPP), Umer-Inam Khan.

Two bottles of vodka were discovered in the police officer’s Mercedes. One was full, the other was empty.

Without resisting following his arrest, he accompanied the SQ to the Hull sector highway where he failed the breathalyzer test twice. One of the results was two times the legal limit of 0.08.

Mr. Khan pleaded guilty to impaired driving and dangerous driving on Wednesday at the Gatineau courthouse.

The case is not over. The police officer, who wants to keep his job at all costs, must have an unblemished criminal record. To do this, he must obtain an absolution from the court.

There is a long way to go, because guilt on a leader with impaired abilities leads to a minimum fine of $ 1,000.

Once this fine is paid, the criminal record becomes a reality that can not be avoided by the employer, the SPO.

In all likelihood, the police officer could benefit from absolution on the dangerous driving conduct. An absolution equals a blank record.

Nothing is less certain for the driver with impaired abilities.

Unconstitutional

The police officer and his lawyer, Solomon Friedman, will return to Judge Alexandra Marcil in October.

The defense will challenge the constitutionality of the $ 1,000 minimum fine for impaired driving.

Such an application has already been accepted in Ontario, which would not be the case in Quebec.

Penalties for a first offense in this area range from a mandatory minimum fine to 10 years imprisonment, depending on the seriousness of the offense.

The defense, which is trying everything, will have to face the Crown Attorney, Mr. Simon Pelletier, as well as a representative of the Attorney General of Quebec.

The possible sentence that would cause Mr. Khan to lose his job is disproportionate, assures Me Solomon Friedman.

“He devoted his adult life to public service, both as a police officer in Ottawa, and in the RCMP as part of the Canadian mission in Afghanistan,” said the lawyer. With respect to the case before the court, we are of the opinion that this mandatory minimum sentence – applied to Constable Khan – is grossly disproportionate and unconstitutional. ”

The defense attorney says he is “impatient” to plead this case “so that Umer can put the case behind him and return to work as soon as possible. ”

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