Your Care & Control of Motor Vehicle Lawyer Serving Brampton
Nirwal Law, located in Brampton and led by criminal defence lawyer Manbir Nirwal, focuses exclusively on safeguarding your rights and protecting your future. Knowing the stakes are high, Manbir brings extensive courtroom experience and a results-driven approach to your case.
Manbir takes a strategic and a personalized approach to every case. Whether the charge is minor or serious, Manbir is committed to achieving the best possible outcome for you. Your defence begins here!
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While many individuals understand that operating a motor vehicle while impaired is a crime, few are aware that in Ontario, an individual can be charged with impaired driving (or care and control) even though he/she is not actually operating the motor vehicle. The mere act of not operating the motor vehicle but being in care and control of it is sufficient for a person to be charged with a serious criminal offense.
On this page, we explain the term “care and control” of a motor vehicle; how the Crown builds its case against you; and what options you may have available to defend yourself against a charge of care and control in Brampton or elsewhere in Ontario.
Penalties and Consequences for Care and Control Charges
The penalties for care and control are similar to those for impaired driving and are treated with equal seriousness by the court in Brampton.
For a first offence, you can expect:
- A minimum fine of $1,000
- A mandatory driving ban of at least one year
- A criminal record
- Mandatory enrolment in the Back on Track education and treatment program
- Ignition interlock requirements upon licence reinstatement
When a second offence occurs, the guilty has to spend a minimum of 30 days in jail.
In the case of a third offence, the punishment is incarceration for at least 120 days. In case of aggravating factors such as higher blood alcohol concentration or prior convictions, the penalty will be far more severe.
Apart from the criminal aspect, conviction for care and vehicle control leads to automatic suspension of driving licence at the roadside by the Ministry of Transportation which occurs independently from any ban imposed by the court. A conviction can lead to even worse consequences regarding immigration according to the certain laws for foreigners.
How We Defend Care & Control Charges
Although Care and Control Charges include an automatic presumption, they are still able to be defended, and ultimately depend upon the unique facts of your case.
Denying the presumption — the easiest way to deny this presumption is by providing an acceptable explanation for occupying the driver’s seat with no intentions of driving. Legal precedence demonstrates that an argument can be made effectively when the accused can adequately show that they went to the driver’s seat for reasons completely unrelated to driving (such as retrieving a phone charger, turning on heat, or obtaining something from the glove compartment) and that there was no possibility of said car moving. The stronger and more credible your argument, the better your prospects.
No potential threat to others — although establishing care and control is proven, courts also consider if your actions taken inside said vehicle pose a threat or hazard to others. For instance, if a vehicle has a dead battery, nearby vehicles, etc. Creating absolutely no possibility for said vehicle to possibly move, then there exists little chance for a court finding a hazard existed.
Charter issues — like impaired driving charges, how you were questioned and dealt with by police are critical elements. If any of your charter rights have been breached (i.e., detention without cause or without getting representation), your lawyer may be able to file a request to exclude evidence obtained as a result of your breach. The exclusion of evidence increases significantly the chances of failure for the Crown.
Proving lack of impairment — similar to proving impairment during an impaired driving charge, the Crown must demonstrate that you operated your vehicle under some substance or above 0.08% blood-alcohol content at said time.
Why Clients Choose Manbir
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Manbir Nirwal
Manbir Nirwal
Manbir Nirwal is the founder and lead lawyer at Nirwal Law, offering exclusively criminal defence services across Ontario. With a deep understanding of the justice system and a proven track record, Manbir is committed to defending your rights and achieving the best possible outcome for your case. What Sets Manbir Nirwal Apart:
Experience – Having appeared in various Jurisdictions throughout Ontario, Manbir is familiar with the intricacies of the criminal justice system. He brings this deep knowledge to each case, ensuring your defence is crafted with care and precision.
Communication – From the moment you reach out to Nirwal Law, you’ll have direct access to Counsel Manbir Nirwal. He prioritizes clear, consistent communication and is often available for evening and weekend appointments to accommodate your schedule. With 24/7 availability, Manbir ensures you’re never left in the dark about your case.
Tailored Defence Strategies – Every client and every case is different. Manbir takes the time to fully understand your situation and craft a defence plan that is uniquely suited to your needs, maximizing your chances of a favorable result.
Care & Control Charges FAQs
As defined within section 320.18 of Canada’s criminal code, care and control refers to the inability to operate a motor vehicle safely because your ability to operate the vehicle is impaired by alcohol or drugs, or if your blood alcohol concentration (“bac”) exceeds 80 milligrams in 100 milliliters of blood.
The key issue related to the definition of care and control is the concept of "control". While the Crown does not require proof that the person charged was actually operating the vehicle (i.e., physically driving), nor do they require proof that the person attempted to drive, the Crown must establish that the person's behavior or situation created a potential threat or hazard.
Typical cases involving care and control usually occur when a person is discovered intoxicated in a parked vehicle. A person who elects to remain in their vehicle after consuming excessive amounts of alcohol and does not attempt to operate the vehicle, can receive the same care and control charge as someone who was caught driving under the influence.
Another significant factor to consider regarding Care and Control Charges is the statutory presumption set out under Section 320.18(1). Under this provision, if you are discovered in the driver's seat of a motor vehicle, you are presumed to be in care and control of it. As this presumption arises automatically, it creates a shift in the burden of proof to you to disprove it.
Therefore, if you are located in the driver's seat, the Crown does not need to demonstrate that you intended to drive. Instead, the Crown relies upon the presumption of intent unless you provide credible evidence that you had no intention of operating the motor vehicle and that your location in the driver's seat presented no reasonable chance that the vehicle would move.
Disputing this presumption is possible, but it requires a coherent and trustworthy description of events. Therefore, it is essential to retain an experienced criminal defence lawyer to assist in developing this defence.
Care and Control Charges commonly arise from a variety of identifiable scenarios including:
- an intoxicated person found asleep in the driver's seat of a parked automobile.
- an intoxicated person seated behind the wheel with the engine turned on (for example, for heat).
- an intoxicated person seated behind the wheel using their cell phone.
- an intoxicated person found in a vehicle with the keys in the ignition (even if the engine is turned off).
- a sober person moves from a passenger seat to the driver's seat (although they do not drive).
- an intoxicated person parked in a parking lot or on the side of the road after choosing not to drive.
Each of these scenarios share common elements where either:
- the driver's physical presence near the driver's seat combined with their ability to access the keys constitutes adequate grounds for laying a charge against them.
- public safety is directly impacted by avoiding situations where an intoxicated person finds themselves in a position to potentially operate a vehicle.
To achieve a conviction for care and control offenses, the Crown must prove beyond a reasonable doubt that:
- at the relevant time period you were in care or control of a motor vehicle;
- your ability to operate that vehicle was impaired by alcohol or drugs at the relevant time period;
- your bac exceeded 80 milligrams per 100 milliliters of blood at the relevant time period.
If you are placed in the driver's seat of a vehicle and presumed to be in care and control solely based upon your physical presence in that seat, then it will rest with you to establish that you did not plan to drive said vehicle or that your presence in the vehicle presented no likelihood of harm for others.
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