In Canada, you can be charged with impaired driving even if your vehicle is parked. A skilled law firm can defend a “care and control” charge by proving you had no intention to set the vehicle in motion and were simply using it for temporary shelter.
Many residents of Brampton are shocked to learn that they can be arrested for a DUI without even putting the car in gear. Under the Criminal Code of Canada, you do not actually have to be driving to face severe legal consequences. If the police find you intoxicated inside a stationary vehicle, you can be charged with having “care and control” of a motor vehicle while impaired. This situation often catches people off guard, especially those who thought they were doing the right thing by sleeping it off.
Whether you were parked outside a restaurant in downtown Brampton or resting in your own driveway, Peel Regional Police treat these situations very seriously. 🚨 A care and control charge carries the exact same penalties as a standard impaired driving conviction, including a permanent criminal record and a mandatory licence suspension. Understanding the intricacies of this law is the first step toward building a solid defence with your law firm.
Understanding Care and Control in Ontario
The concept of care and control is designed to prevent impaired individuals from potentially changing their minds and deciding to drive. Canadian courts have established that if there is a realistic risk that the vehicle could be set in motion, the person in the driver’s seat is in care and control. Even if the engine is completely off and you are fast asleep, sitting in the driver’s seat creates a legal presumption that you intended to drive.
Step-by-Step Process to Defend Your Case in Brampton
Fighting a care and control charge requires demonstrating to the Crown Attorney that you had absolutely no intention of driving. Generally, a skilled criminal defence lawyer will navigate this complex process for you at the A. Grenville and William Davis Courthouse.
Step 1: Rebutting the Presumption of Care and Control
If you were found in the driver’s seat, the law automatically presumes you had care and control. 🚗 To fight this, your lawyer must rebut the presumption by presenting evidence that you did not intend to set the vehicle in motion. This could involve showing that the keys were not in the ignition, but rather in your pocket, on the passenger seat, or thrown into the trunk. The placement of the keys is a critical factor evaluated by the Peel Regional Police and the court.
Step 2: Establishing an Alternative Plan
A successful defence often relies on proving that you had a clear alternative plan to get home safely. Your law firm might gather evidence such as text messages to a friend asking for a ride, Uber or taxi receipts, or witness statements confirming you explicitly stated you were just going to sleep in the car. Showing that you were merely using the vehicle as a temporary shelter is a highly effective strategy.
Step 3: Challenging the Arrest in Court
If the Crown Attorney refuses to drop the charges, the case will proceed to trial at the Ontario Court of Justice. 🏛 Your lawyer will cross-examine the arresting officers to highlight inconsistencies in their observations. They may also file Charter applications if your rights were violated during the arrest, such as if you were not allowed to contact a lawyer in a timely manner.
How Much Does a Care and Control Defence Cost?
Defending against an indictable offence or a summary conviction related to care and control involves significant legal work. 💵 You should budget for the following estimated costs in Brampton:
- Law Firm Fees: Retaining a lawyer for a care and control trial generally ranges from $4,000 CAD to $12,000 CAD, depending on how far the case proceeds.
- Expert Witnesses: In some cases, toxicologists or mechanical experts may be required, which can add $1,500 CAD to $3,000 CAD to your legal bill.
- Towing and Impound Fees: Even if you are found not guilty later, you must still pay the initial $1,000+ CAD for the mandatory 7-day vehicle impoundment out of pocket.
How Long Does the Process Take?
Navigating the criminal justice system in Ontario requires patience. A care and control case in Brampton can take anywhere from 9 to 18 months to fully resolve. Delays are common due to court backlogs, scheduling pre-trial meetings, and waiting for full disclosure from the Peel Regional Police.
Care and Control vs. Standard Impaired Driving
Understanding the nuances between these charges helps clarify your defence strategy. Here is a comparison of how the two offences are treated.
| Feature | Care and Control | Standard Impaired Driving |
|---|---|---|
| Act of Driving Required? | No (Can be parked or asleep) | Yes (Vehicle must be in motion) |
| Presumption of Intent | Yes, if in the driver’s seat | Not applicable (Driving is proven) |
| Criminal Code Penalties | Identical to a standard DUI | Standard DUI penalties apply |
| Primary Defence Strategy | Proving no intent to drive | Challenging breathalyzer / Charter rights |
Frequently Asked Questions (FAQ)
Can I be charged if I was sleeping in the backseat?
While the presumption of care and control applies when you are in the driver’s seat, you can theoretically still be charged in the backseat if the police believe you had the immediate means and intent to drive. However, sleeping in the backseat makes for a much stronger defence.
What if I only turned the car on for heat?
Turning the engine on, even just to use the heater during a cold Brampton winter, significantly increases the risk of conviction. The Crown will argue that a running engine poses an immediate danger of the vehicle being set in motion.
Is care and control a summary conviction or indictable offence?
Like a standard DUI, care and control is a hybrid offence. The Crown Attorney can choose to proceed by summary conviction for less serious cases or by indictment for more severe circumstances, such as cases involving accidents or injuries.
Do I still get a criminal record if convicted?
Yes. A conviction for care and control under the Criminal Code of Canada results in a permanent criminal record, just like a standard impaired driving conviction.
Can a law firm get this charge dropped entirely?
It is possible. If your lawyer can provide compelling evidence during the Crown Pre-Trial that you clearly had no intention to drive, the Crown Attorney may agree to withdraw the charges before the case even reaches a trial.
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