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What Is a Care and Control Charge?
As per Section 320.14 of the Criminal Code of Canada, impaired driving refers to both driving and having care and control of a motor vehicle. That means that even if you’re not actually operating the vehicle while impaired, you can get a charge and a criminal record. This applies both if you are in the driver’s seat or in any other seat in the vehicle. You can be charged even in situations like:
- Sleeping in the vehicle
- Directing a tow
- Listening to the radio
The law is strict for such incidents due to the risk of an impaired driver putting the vehicle in motion unintentionally. These types of cases are among the trickiest when it comes to DUIs – you need a thoughtful, strategic defence that will hold up in court. Entrust your future to a professional care and control lawyer to avoid unnecessary complications.
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Care and Control Charge Consequences
A care and control charge for impaired driving in Ontario is treated much like a full DUI. A criminal record has serious implications that will impact many aspects of your life and future, both short-term and long-term. This includes:
Although it sounds lighter than other DUI-related offences like Over 80, it has the same consequences. These can be avoided if you treat this matter seriously. When the case is handled correctly, you can continue living your normal life without additional stress, restrictions, and financial burdens.
You Are Not Alone
Jonathan Lapid has spent decades examining evidence, challenging police conclusions, and resolving charges with precision. Contact him for a clear, honest assessment of your case and guidance on your next steps.
Care & Control Defence Strategies
Care and Control is defined by the Criminal Code as conduct connected to a vehicle while impaired, in a situation that creates a realistic risk of danger. The risk must be real, not just hypothetical. By default, anyone in the driver’s seat is presumed to have care and control, even if they never intended to drive.
That presumption can be contested. If you had a clear, specific reason for being in the driver’s seat that made driving unlikely, a defence can be built around that fact. This can include the need to turn on the heating or cooling system, sit in the only available seat, or use the radio or GPS without operating the vehicle.
Strategies also include challenging police conduct for Charter violations, such as no reasonable stop grounds, improper breath tests, or denied lawyer access. A knowledgeable lawyer can choose the right strategy and show that you never intended to drive and that the situation did not create a real risk. Take immediate steps: say nothing beyond basics to the police and get help from a DUI lawyer in Ontario.
Read About Our Many Successful DUI Cases
I have been practicing criminal law for over 25 years and I pride myself on my successful cases. My goal for any client is to ensure that they have a positive outcome and that they are represented to the best of my abilities.
Penalties in Ontario
No matter if you were operating a vehicle or you were merely in care and control of one, the penalties are the same. However, the law treats first-time and subsequent offences differently: first-time charges carry serious penalties, but repeat offences are treated far more severely.
First-Time Care and Control Charge
- Criminal record
- Fines starting at $1,000
- Driving ban of a 12 months minimum
- Possible imprisonment (the maximum jail term is 10 years)
Subsequent Offences
- Higher fines
- Mandatory imprisonment (minimum of 30 days for a second offence, and starting at 120 days for a third incident)
- Longer license suspension or lifetime prohibition
Additional penalties include mandatory participation in remedial education or treatment programs and ignition interlock device installation. Each case depends on its specific circumstances, and early legal guidance can help identify weaknesses in the Crown’s assumptions.
Have Questions Regarding an Impaired Driving Over 80 mgs? Call Jonathan Lapid
647-797-5256
The Advantages of Speaking with
Jonathan Lapid
Jonathan Lapid, DUI Industry Leader, Can Defend Your Over 80 Charge
Jonathan Lapid is a criminal defence lawyer in the Greater Toronto Area with more than 25 years of focused experience handling impaired driving and care & control cases. His reputation is based on real results and is well known within the legal and law enforcement communities.
In fact, a Brampton police officer once sought Jonathan’s defence after a DUI charge, explaining that when he asked colleagues which defence lawyers consistently challenged police evidence successfully, Jonathan’s name came up repeatedly.
Amongst those he has represented are an NHL player, a Canadian Olympic athlete, police officers, lawyers, doctors, prominent senior executives, pilots and flight attendants, limousine drivers, factory workers, and many other hard-working Canadians.
A care & control case should not be approached casually. The stakes are real, and outcomes depend heavily on how evidence is examined and challenged. Jonathan Lapid offers practical, honest advice and a defence strategy based on experience. Contact his office to discuss your case and understand your options clearly from the start.
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