In Canada, you do not actually have to be driving to get an impaired driving charge. Under the Criminal Code, simply having “Care and Control” of a vehicle while impaired (such as sleeping in the driver’s seat) carries the exact same penalties as driving. You must prove you had no intention to set the vehicle in motion.
Imagine leaving a restaurant in Vaughan and realizing you have had too much to drink. You decide to do the responsible thing: you get into your car, turn on the heater, and fall asleep while waiting for a friend or an Uber. Shockingly, a York Regional Police officer can tap on your window and arrest you for impaired driving.
This is known as a “Care and Control” charge. 🚨 The law assumes that an impaired person behind the wheel is a severe public risk because they could wake up in a drunken state, change their mind, and put the car in gear. Fighting this charge is entirely possible, but you must overcome the legal presumption against you.
Step-by-Step Process to Defend a Care and Control Charge
A Care and Control charge in Ontario is treated with the same severity as a standard impaired driving offence. Your case will be heard at the Newmarket courthouse, and your defence must be built meticulously.
Step 1: Document the Exact Circumstances
Your lawyer will need to know exactly where everything was when the police arrived. 📸 Were you in the driver’s seat, the passenger seat, or the back seat? Where were the keys? If the keys were in the trunk or outside the vehicle, it drastically strengthens your case that you had no ability to drive.
Step 2: Rebut the Presumption of Intent
Under Section 320.14 of the Criminal Code, if you are found in the driver’s seat, the court automatically presumes you intended to drive. To rebut this presumption, you must testify or provide evidence that your only intention was to use the vehicle for shelter, warmth, or waiting.
Step 3: Prove You Had an Alternative Plan
The strongest defence involves showing a tangible “plan” to get home safely. 📱 Your law firm will gather evidence such as text messages sent to a sober friend asking for a ride, receipts showing you called an Uber or York Region Transit, or a booked hotel room nearby.
Step 4: Negotiate with the Crown Prosecutor
Once your defence lawyer presents evidence of your alternative plan, they will engage in pre-trial meetings with the Crown prosecutor. Often, if the evidence shows you genuinely were just sleeping it off with no intent to drive, the Crown may agree to drop the criminal charges or reduce them to a non-criminal traffic offence.
How Much Does it Cost in Vaughan?
Because the penalties are identical to a standard DUI, the financial consequences are just as severe. 💵 You will face immediate administrative penalties before your trial even begins.
| Penalty / Expense | Estimated Cost (CAD) |
|---|---|
| 7-Day Vehicle Impound | $700 to $1,000+ CAD |
| Licence Reinstatement Fee | $281 CAD (After 90-day ADLS) |
| Minimum Fine (If Convicted) | $1,000 CAD minimum (plus victim surcharge) |
| Lawyer Representation Fees | $4,000 to $9,000+ CAD for trial defence |
A conviction also triggers a mandatory one-year driving prohibition across Canada and forces you into high-risk auto insurance for up to three years.
How Long Does the Process Take?
Upon your arrest in Vaughan, your licence is instantly suspended for 90 days. ⌛ The criminal court process at the Ontario Court of Justice generally takes between 8 to 14 months to resolve. During this time, after your 90-day suspension ends, you can drive legally while you fight your case, provided you pay the reinstatement fee.
Frequently Asked Questions (FAQ)
What if my car engine was completely turned off?
You can still be convicted of Care and Control even if the engine is off and the keys are just in your pocket. The court looks at the potential danger of you changing your mind and starting the car.
Is sleeping in the backseat a better defence?
Yes. If you are found sleeping in the backseat, the legal presumption that you intended to drive does not automatically apply. The Crown prosecutor will have a much harder time proving you had immediate care and control of the vehicle.
Can I be charged if I was parked in my own driveway in Vaughan?
Yes. The Criminal Code applies to all motor vehicles anywhere in Canada, including private property. You can be charged with Care and Control while sitting in your car in your own driveway.
Is a Care and Control charge a criminal record?
Yes. If convicted, it counts as an impaired driving conviction under the Criminal Code of Canada. You will receive a permanent criminal record, which can affect employment and travel to the United States.
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