Toronto Care and Control Lawyer
If you’ve been charged with a DUI related offence, such as Impaired Driving, and you were not driving a vehicle, you may be wondering how you ended up with the charge in the first place.
DUI Law in Canada is complex. While the answer to this question will be provided in this article, it is critical that you retain a Toronto Care and Control Lawyer, or a Toronto DUI Lawyer, right away, in order to protect you rights and meet your legal obligations.
What DUI Charges Exist in Toronto, Canada
The following DUI charges exist in Canada, and for each of them, you are at risk of criminal liability even if you were not driving:
- Excess BAC – Impaired Driving
- Impaired Driving
- Refusing / Failing to Provide a Breath Sample
Each one of these offences attracts permanent criminal records. Whether you were driving or not, you are at risk of liability and should immediately take steps to locate a strong Toronto DUI Lawyer or a Toronto Care and Control Lawyer today.
What is Care and Control in Canada
The law on care and control in Canada primarily revolves around the concept that an individual can be found guilty of care or control of a motor vehicle if their actions create a realistic risk of danger to persons or property. This principle was affirmed by the Supreme Court of Canada in R. v. Boudreault, where the Court held that for a conviction to occur under s. 253(1) of the Criminal Code, there must be circumstances that create a realistic risk of danger R. v. Aruliah, [2015] O.J. No. 6118, R. v. Tompkins, [2021] O.J. No. 7394, R. v. Huff, [2019] O.J. No. 2090.
Care and control is defined as an intentional course of conduct associated with a motor vehicle by a person whose ability to drive is impaired, or whose blood alcohol level exceeds the legal limit, in circumstances that create a realistic risk of danger. The risk must be realistic and not just theoretically possible R. v. Simpson, [2013] A.J. No. 207. The mens rea for care or control is the intent to assume care and control after consuming alcohol or drugs, while the actus reus is the assumption of care and control when impaired R. v. Meeks, [2012] A.J. No. 726.
The law also includes a rebuttable presumption where if an accused is found in the driver’s seat, they are presumed to have care or control unless they can prove they did not intend to set the vehicle in motion. This presumption places the burden on the accused to prove, on a balance of probabilities, that they did not intend to drive.
In summary, the law on care and control in Canada is designed to prevent the risk of danger associated with impaired individuals being in a position to operate a vehicle, even if the vehicle is not in motion. The courts have consistently emphasized the importance of realistic risk and the intent to control the vehicle as key elements in these cases R. v. Aruliah, [2015] O.J. No. 6118, R. v. Tompkins, [2021] O.J. No. 7394, R. v. Huff, [2019] O.J. No. 2090.
Retain an experienced Toronto Care and Control Lawyer to develop a strategy to defend your DUI charges today.
Potential Punishments for Care and Control Offences
In Canada, the potential punishments for DUI (driving under the influence) charges vary depending on the circumstances and whether it is a first or subsequent offence. Generally, DUI offences are treated seriously and can result in significant penalties. Whether you were actually operating a vehicle or whether you simply had care and control of it, the penalties are identical.
For a first offence, the penalties include a minimum fine of $1,000 and a driving prohibition of at least 12 months. If the offence is prosecuted as an indictable offence, the maximum term of imprisonment can be up to 10 years. For a summary conviction, the maximum term of imprisonment is 18 months.
For subsequent offences, the penalties increase. A second offence carries a minimum imprisonment of 30 days, while a third or subsequent offence results in a minimum imprisonment of 120 days R. v. Barahona, [2021] O.J. No. 7551. Additionally, the court may impose other penalties such as probation, conditional sentences, and further driving prohibitions R. v. Clancey, [2017] N.J. No. 47.
In cases where the DUI results in bodily harm or death, the penalties are even more severe. The courts consider these offences as serious crimes, and the sentences reflect the gravity of the consequences Guzman v. Canada (Minister of Public Safety and Emergency Preparedness), [2017] I.A.D.D. No. 935.
Overall, the Canadian legal system imposes stringent penalties for DUI offences to deter impaired driving and enhance public safety. Consult with a Toronto Care and Control Lawyer today to minimize your legal jeopardy.
Andrew Captan – Toronto Care and Control Lawyer
If you are facing a DUI charge in Toronto, and are said to have care and control of a vehicle, contact Andrew Captan, who is an experienced Toronto Care and Control Lawyer for a free initial consultation. With over 13 years of experience, he will leave no stone
