In Canada, you can be charged with impaired driving simply for sleeping in the driver’s seat of your parked car if you have the keys. To beat a “care and control” charge in London, your lawyer must prove that you had no absolute intention to drive and that there was no realistic risk of putting the vehicle in motion.
Many people believe they are doing the responsible thing by deciding to “sleep it off” in their car after a night out in downtown London. Unfortunately, under the Canadian Criminal Code, you do not actually have to be driving to be charged with impaired driving. Being in the vehicle while intoxicated with access to the keys is enough to be charged with “Care and Control.”
This charge carries the exact same devastating penalties as a standard impaired driving conviction: a criminal record, severe fines, and a suspended driver’s licence. Fighting this charge requires your lawyer to dismantle the Crown’s presumption that you were a danger to the public. Here is how a legal defence is constructed.
Step-by-Step Process in London
Defending against a care and control charge involves proving your state of mind at the time of the arrest. A local law firm will generally follow these steps to clear your name. 📋
Step 1: Analyze the Arrest Location
Your lawyer will carefully review the police notes from the London Police Service. Were you parked outside a bar on Richmond Row, or safely in your own driveway? If you were in the driver’s seat, the law automatically presumes you had care and control. Your defence must rebut this presumption.
Step 2: Prove “No Intention to Drive”
The strongest defence is proving you used the car solely as a bedroom. If you were sleeping in the back seat with the keys tossed in the trunk or glove box, it strongly suggests you had no intention of driving. If you were in the driver’s seat with the engine running “just to keep the heater on,” the defence becomes much harder, but not impossible.
Step 3: Gather Supporting Evidence
Your lawyer will gather external evidence to prove your story. Did you text a friend saying, “I’m too drunk, sleeping in the car”? Did you try to order an Uber or call a local London taxi company before falling asleep? This evidence is crucial to show the judge at the Dundas Street courthouse that your plan was never to drive. 📱
Step 4: Present the Defence at Trial
During the trial at the Ontario Court of Justice, your lawyer will cross-examine the arresting officer and present your evidence. They will argue that there was no “realistic risk of danger” that you would accidentally or intentionally put the vehicle in motion while you were sleeping.
Factors That Help Your Defence
When assessing the “risk of danger,” the court looks at specific facts. Here is a comparison of what helps versus what hurts your case:
| Scenario | Helps Your Defence | Hurts Your Defence |
|---|---|---|
| Seating Position | Sleeping in the back seat or passenger seat | Sleeping in the driver’s seat behind the wheel |
| Key Location | Keys hidden in the trunk or thrown outside | Keys in the ignition or in your front pocket |
| Engine Status | Engine completely off and cold | Engine running (even just for heat/radio) |
| Alternative Plans | Proof of calling a cab or a designated driver | No proof of making alternative travel arrangements |
How Much Does it Cost in London?
Because care and control cases are highly fact-specific, they often go to a full trial. You should budget for the following legal expenses in Canadian dollars (CAD):
- Lawyer Retainer (Resolution): Resolving the matter through early negotiations with the Crown generally costs between $3,500 and $6,000 CAD.
- Lawyer Retainer (Trial): Taking the case to trial to fight the “risk of danger” presumption typically costs $7,000 to $12,000 CAD.
- Conviction Penalties: If you lose, you face the standard impaired driving penalties: a minimum $1,000 CAD fine, massive insurance increases, and towing fees from the initial arrest.
How Long Does the Process Take?
Like all criminal cases in Middlesex County, resolving a care and control charge takes time. Gathering police disclosure and holding a Crown Pre-Trial takes about 4 to 6 months. If your lawyer takes the matter to trial to prove your innocence, expect the entire process to take between 12 and 18 months at the London courthouse. ⏱
Frequently Asked Questions (FAQ)
Does the car have to be turned on to be charged?
No. You can be convicted of care and control even if the engine is off, the keys are out of the ignition, and the car is parked safely. The core issue is whether you had the immediate capability to put the car in motion.
Is care and control a lesser charge than a DUI?
No. In Canada, care and control of a motor vehicle while impaired carries the exact same criminal penalties as actively driving while impaired.
What if my car was broken down?
If the vehicle is mechanically inoperable (e.g., the engine is missing or all four tires are flat), your lawyer can argue that there was zero risk of the vehicle being put in motion. This is a very strong defence.
What should I do if I am drunk and need to sleep?
To be entirely safe from this charge, do not sleep in your car. Call a taxi, a friend, or book a hotel room. If you absolutely must stay in the car, give your keys to a bartender or hide them outside the vehicle, and sleep in the back seat.
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