It may come as a surprise to many people, but it is possible for you to be charged with Impaired Driving even if your vehicle is not in motion. According to Section 320.14 of the Criminal Code, it is an offence to have “care or control” of a motor vehicle while impaired or over the legal limit.
The Criminal Code includes “Impaired Care and Control” as an offence under Section 320.14, meaning that if you were not driving the vehicle, but there was a reasonable risk that you might drive, you can still be convicted of Impaired Driving even if you were only just sitting in your vehicle. The court will take into consideration factors such as whether the vehicle was operational, whether the keys were in the ignition or in easy access of the occupant, and whether you were located in the driver’s seat or not.
If you were in the driver’s seat, then there is a presumption that you were in the care or control of the vehicle. However, it is possible for this to be rebutted if you can find a way to prove that you were not in the driver’s seat because you planned on driving the vehicle anywhere. Even in a case like this, there is still the question of whether there was still a risk that the vehicle could become a danger because of you being in it.
The minimum penalties for a care and control conviction are the same as if you were actually driving the vehicle. This means that it is important to seek legal advice from an experienced lawyer, the same way you would if you were charged with a DUI. If you have been charged with impaired care and control, do not hesitate to contact our office, here at Acumen we are always ready to help.