Criminal Defense Lawyer
for Impaired Care and Control Charges
Operating a motor vehicle while under the influence is considered a criminal offence. To be “in care or control” of a vehicle in an impaired state is also an offence in Canada. Michael Engel is a criminal lawyer in Ontario who works tirelessly to defend drinking and driving offences. If you have been charged with care or control while impaired, or care and control when over 80, you may be in need of legal help. For an honest, dedicated, and passionate criminal defense lawyer, trust Michael Engel.
What Does “Care and Control” Mean?
The answer is not as simple as you might think. The parameters used to define care and control may vary depending on the circumstances of the case. In most situations, individuals are charged with care and control when found occupying the seat of a motor vehicle while being impaired or having over 80 mg of alcohol for every 100 ml of blood. This includes “sleeping it off” in the car or even keeping warm while in the driver’s seat.
This charge can be problematic, because even if the individual never drove the vehicle, under law it remains under their care and control. Sleeping it off in the back of a vehicle may seem like the responsible thing to do, but it can result in life-changing charges and a criminal record.
An individual is “presumed” to be in care and control of a motor vehicle under section 258(1)(a) of the Criminal Code “where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle”. This presumption applies UNLESS “the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle… in motion”.
The presumption operates unless the accused “establishes” that he or she did not occupy that seat or position for the purpose of setting the vehicle in motion. In order to rebut this presumption, typically a person will have to testify, leading evidence of an alternative intention of entering the vehicle such as waiting for a friend to pick them up or using the vehicle for warmth until some alternate means of transportation is available such as a taxi.
There are a number of defences to the charge of being in care and control of a motor vehicle including: “no risk of danger”, “the alternate plan”, and “inoperable vehicle”; however, every case is unique and will impact which defences are available.
Have you been charged with impaired driving, DUI — over 80 in the Toronto, GTA or Surrounding areas?
Get a FREE initial consultation with Michael Engel, DUI Lawyer.
What You Can Expect from Michael Engel’s Legal Services
In the eyes of criminal lawyer Michael Engel, all clients are presumed innocent until proven guilty. The laws surrounding drinking and driving are extremely complicated, and constantly in flux. Michael Engel understands that each case is different, and that all drinking and driving offenses are taken seriously by the Crown. Penalties are severe, and can range from a fine, to a revoked license, to jail time and a criminal record. Michael Engel has helped hundreds of DUI defendants reach positive results, and worked on cases on every level of court in Ontario, including the Supreme Court of Canada.
Because Canadian laws are so complex when it comes to drinking and driving, clients may be able to avoid a conviction and criminal record with the help of a knowledgeable lawyer. To learn more about Michael Engel’s top-quality legal services for impaired care and control charges, contact Engel DUI Law today.