The criminal lawyers of the Cormier Simard firm defend individuals charged with care or control of a vehicle while under the influence of alcohol. Care or control of a vehicle while having impaired faculties is an infraction included in the broader impaired driving charge (Section 253 Criminal Code of Canada).
Acts of care or control of a vehicle involve some use of the car or its fittings and equipment, or some course of conduct associated with the vehicle which would involve a risk of putting the vehicle in motion.
Section 258 of the Criminal Code provides that if it is proved that the accused occupied the driver seat, the accused shall be deemed to have had the care or control of the vehicle unless the he establishes that he did not occupy that seat for the purpose of setting the vehicle in motion. An individual may be found guilty even if he did not occupy the seat of the driver.
Judges have had the opportunity of passing judgment on numerous situations in which individuals were charged with care or control, for example: What if the accused was sleeping in the vehicle? What if he was beside the vehicle and not inside it? Is the accused still guilty even if the keys were not in the ignition? And what if the vehicle was not running? Etc.
It is very difficult to determine whether or not a situation constitutes care or control. If you are charged with care or control of a vehicle with impaired faculties, consult a criminal lawyer!
