Care or Control

Did you know that a person can be charged with a criminal act if they are close to their car or sitting inside after having consumed alcohol or drugs, even if they are not driving?

Care or control of the vehicle is an offense that is included in driving while impaired. Having care or control means that person has the responsibility, the management and supervision of the vehicle.

The legislator’s intent is to prevent a person who is under the influence from becoming a danger to society, since he has the means to control or move his car. The simple fact for a person to be near his car can be considered a risk for him to drive. Therefore, this infraction is intended to discourage an individual with an altered judgment from being near or inside his car, to avoid a risk of putting the vehicle in motion.

The person sitting in the driver’s seat while having consumed substances is presumed to have care or control of the vehicle. The classic example of a care or control file is the case of the driver found sleeping in his car. A person who falls asleep while waiting for the effects of alcohol or drugs to pass may be found guilty if, at the moment when he wakes up, his ability to drive is still impaired.

If the accused asserts that he did not intend to put the vehicle in motion, this does not automatically result in an acquittal. It has been determined that even if there is no intention to put the car in motion, but the driver uses the vehicle’s accessories or that the vehicle could be started unintentionally, thereby creating a risk of danger, he can be found guilty. For instance, an act involving the use of the vehicle or its accessories can be to listen to the radio, to put the heater or the air conditioning, to have the key in the ignition, to start the engine, to lower the windows, etc.

A person cannot be convicted of care or control if there is no realistic risk of danger too persons or property, or a risk of moving the vehicle. What creates the danger for the public is the possibility that a vehicle may be set in motion by an intoxicated person. It is not necessary for the Crown to demonstrate that the person creates an immediate danger to the public. As a result, anyone with impaired abilities who is close to a vehicle and has the means to set it in motion can be found guilty of this offense.

Contact Anne-Sophie Dagenais to have a specific assessment of your case and to contest the accusation!