In Canada, you can be charged with impaired driving even if you are simply sleeping in your parked car. To beat a “care and control” charge in Edmonton, your defence lawyer must prove you had no clear intention to set the vehicle in motion, which can save you from a criminal record and fines exceeding $2,000 CAD.
After a long night out on Whyte Avenue or downtown Edmonton, you might think you are doing the responsible thing by sleeping off the alcohol in the backseat of your car. 🚗 However, under the Criminal Code of Canada, you do not actually have to be driving to be charged with an impaired driving offence. The law states that if you have “care and control” of a motor vehicle while impaired, you face the exact same severe penalties as someone who is caught driving dangerously on the highway. This often catches well-meaning Alberta drivers completely by surprise.
The central issue in these cases revolves around the risk of danger. The Edmonton Police Service (EPS) or the RCMP will assume that if you are in the vehicle with access to the keys, you might wake up and mistakenly decide to drive while still intoxicated. Fortunately, a skilled criminal defence lawyer can challenge this assumption. The goal is to prove to the court that there was absolutely no realistic risk of the vehicle being put into motion.
Step-by-Step Process in Edmonton, Alberta
Step 1: Analyzing the Circumstances of the Arrest
Your defence lawyer will immediately request the police disclosure, which includes the arresting officer’s notes and body-worn camera footage. 🔍 They will look at exactly where you were found in the vehicle. Were you in the driver’s seat, or asleep in the back? Were the keys in the ignition, in your pocket, or thrown into the glove box? These small details are the foundation of your legal defence.
Step 2: Proving a Lack of Intent to Drive
To successfully fight the charge at the Edmonton Law Courts, your lawyer must establish that you had a clear alternative plan. For example, if you can provide receipts showing you ordered an Uber, called a family member for a ride, or booked a nearby hotel, it proves you had no intention of driving. Calling a cab before falling asleep in your car is one of the strongest defences available in Alberta.
Step 3: Disputing the Immediate Roadside Sanctions
In Alberta, police often issue an Immediate Roadside Sanction (provincial penalty) instead of a criminal charge for first-time offenders. 📄 If you receive this ticket, you only have 7 days to file an appeal through SafeRoads Alberta. Your lawyer will file this rapid appeal to argue that you were not in true “care and control,” fighting to get your suspended driver’s licence back immediately.
How Much Does it Cost in Edmonton?
Defending against an impaired driving or care and control charge requires a strategic financial investment to protect your criminal record. If you lose, the long-term costs of massive insurance premiums will easily outweigh the upfront legal fees.
- Provincial Fines: An Immediate Roadside Sanction usually carries a fine of $1,000 to $2,000 CAD.
- Towing & Impound Fees: The EPS will seize your vehicle, costing you roughly $400 to $800 CAD depending on how long it sits in the lot.
- Defence Lawyer Fees: Hiring a dedicated criminal lawyer in Edmonton typically costs between $5,000 and $12,000 CAD to take the matter to trial or through the SafeRoads appeal process.
- Mandatory Courses: You may be forced to pay around $300 CAD for the “Planning Ahead” educational driving course.
| Evidence Factor | Helps the Prosecution | Helps the Defence |
|---|---|---|
| Location of Keys | In the ignition or on the dashboard. | Tossed in the trunk or outside the car. |
| Seat Position | Sitting upright in the driver’s seat. | Sleeping in the backseat or passenger seat. |
| Engine Status | Engine running to operate the heater. | Engine completely turned off. |
How Long Does the Process Take?
Timelines depend on whether your case is being handled provincially or criminally. ⏳ If you are fighting a provincial Immediate Roadside Sanction via SafeRoads Alberta, the hearing happens very fast, usually within 30 days of the incident. However, if the Edmonton Police Service charged you criminally under the Criminal Code, navigating the Edmonton Law Courts and waiting for a formal trial date can take anywhere from 8 to 18 months.
Frequently Asked Questions (FAQ)
Can I run the engine just to keep the heater on in the winter?
In an Edmonton winter, it is tempting to run the engine to stay warm while sleeping off alcohol. However, turning the engine on drastically increases the chance that a judge will rule you had “care and control.” It is much safer to leave the vehicle entirely and wait inside a nearby business.
Do I still lose my licence if the car was parked in my own driveway?
Yes. The law applies to any motor vehicle, anywhere in Canada, whether it is on a public road, a private parking lot, or your own personal driveway in Sherwood Park. You can still face criminal charges.
Will this show up on my criminal record?
If you are convicted of care and control under the Criminal Code, you will receive a permanent criminal record, which can impact your employment and ability to travel to the United States. If you only receive a provincial roadside sanction, it does not become a criminal record, but it remains on your driving abstract.
Is a care and control charge considered an indictable offence?
It is typically treated as a “hybrid” offence in Canada. The Crown Prosecutor can choose to proceed by summary conviction (less severe) or by indictment (more severe), depending on your prior criminal history and the specifics of your arrest.
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