Care and Control Lawyer in Brampton
Facing a Care and Control Charge in Brampton? I Can Help.
Being charged with Care and Control in Ontario can be overwhelming, especially when you were not actually driving. Police often lay this charge when they believe you had the ability or intention to operate a vehicle while impaired, even if the vehicle never moved. As a Brampton criminal lawyer with more than 10 years of experience defending impaired-related offences, I know how aggressively these cases are prosecuted and how easily misunderstandings can turn into criminal charges.
If you have been accused of Care and Control, you need immediate legal guidance. I represent clients directly, one-on-one, and I will work to protect your licence, your record, and your future.
Call me today for a confidential consultation: (437) 998-1429.
What Care and Control Means Under the Criminal Code
In Ontario, you can be charged with Care and Control if police believe you were in a position to set a vehicle in motion while impaired by alcohol or drugs. The law does not require the vehicle to be moving—simply being in the driver’s seat or having easy access to the keys may be enough for an arrest.
How Care and Control Differs From Impaired Driving
While impaired driving involves operating a vehicle, a Care and Control charge is based on potential risk. The Crown only needs to prove that:
- You occupied the driver’s seat or were in a position of control, and
- There was a realistic risk that the vehicle would be set in motion.
This means an individual who never intended to drive can still face the same penalties as someone caught driving drunk or drug-impaired.
Common Situations That Lead to Care and Control Charges
Care and Control charges often occur when someone tries to “sleep it off” in their vehicle or access the car while intoxicated. Typical scenarios include:
- Sitting in the driver’s seat while impaired
- Sleeping inside the vehicle
- Keys in the ignition or easily accessible
- Vehicle parked on a roadway or parking lot
- Turning on the heat or radio for comfort
Police often assume intention, even when none existed. That is where a strong defence becomes critical.
Legal Consequences of a Care and Control Conviction
Criminal Penalties
A Care and Control conviction carries the same consequences as impaired driving, including:
- Mandatory minimum fines
- Jail time for repeat offences
- Probation
Mandatory criminal record
Driver’s Licence Consequences
A Care and Control conviction triggers strict licence penalties, such as:
- Mandatory licence suspension
- Increased suspensions for subsequent offences
- Required Ignition Interlock Program participation
Mandatory “Back on Track” education or treatment courses
Long-Term Effects
The impact goes far beyond the courtroom:
- Significant increase in insurance premiums
- Employment and professional licensing issues
- Cross-border travel restrictions, especially to the United States
These consequences make it essential to attack the charge.
How Police Provide Care and Control
Elements the Crown Must Establish
To secure a conviction, the prosecution must establish that you:
- Had care or control of the vehicle
- Were impaired or had a blood alcohol concentration over the legal limit
Presented a realistic risk to public safety
The “Risk of Set-in-Motion” Principle
The Crown often leans on the argument that you could have unintentionally or accidentally set the vehicle in motion. This includes situations where:
- You could accidentally hit the gear shift
- You could unintentionally turn on the ignition
You were capable of starting the vehicle due to access to the keys
What Officers Look For at the Scene
Police rely on observations such as:
- Your position in the vehicle
- Location of keys
- Whether the vehicle was warm or running
- Statements made at the scene
- Signs of consumption or impairment
These assumptions can be challenged—often successfully—through a strategic defence.
Defending Care and Control Charges
When you work with me, you receive direct representation—no junior associates, no law clerks. Every case starts with a detailed assessment of the investigation, the legality of the stop, and the reliability of the breath or blood evidence.
Defence Strategies I Commonly Use
When defending Care and Control charges, my priority is to dismantle the assumptions that led to the arrest. Common defence strategies include:
- Demonstrating a lack of intent to drive
- Proving no risk of the vehicle being set in motion
- Showing the vehicle was inoperable
- Challenging the reliability of officer observations
- Raising Charter arguments for breaches of your constitutional rights
Challenging Officer Assumptions
Police often make assumptions based on your location in the car or the placement of the keys. I test each assumption and require the Crown to justify every allegation.
Proving You Were Not Going to Drive
If you had no intention to drive, I would gather evidence such as:
- Messages showing alternative plans
- Witness statements
- Photos or recordings of where the keys were located
- Documentation showing plans to wait, call a ride, or stay parked
My goal is to build a defence that creates reasonable doubt—often leading to withdrawals, reductions, or acquittals.
Challenging Breath Sample Evidence
I examine whether officers followed the strict timelines and procedures required for breath testing. Any deviation can result in the exclusion of the evidence.
How I Defend Care and Control Charges in Brampton
My Approach
I work directly with every client and conduct a thorough review of the disclosure, looking for weaknesses in the police investigation. I prepare every case as if it will go to trial, which strengthens your position during negotiations.
Defence Process
Detailed initial case assessment
- Full review and analysis of evidence
- Identifying Charter violations and procedural errors
- Negotiation for charge withdrawal or reduction
Trial preparation and defence in court, if necessary
What To Do Immediately After Being Charged
If you are facing a Care and Control charge:
- Do not speak further with the police without legal advice
- Document everything you remember
- Save any communication that supports your intentions
- Contact a lawyer as soon as possible
Time is critical in impaired-related cases, especially with automatic licence suspensions and strict administrative timelines.
Why Choose Me as Your Care and Control Lawyer in Brampton
More than 10 years of experience defending DUI and impaired-related offences
- Direct, personal representation—no junior lawyers or assistants
- Extensive knowledge of Brampton courthouses and Peel Region Crown policies
- Strategic, evidence-based defence tailored to your unique circumstances
- Clear communication and consistent updates throughout your case
When you hire me, you work with me directly from start to finish.
Get Legal Help Today
If you are facing a Care and Control charge in Brampton, contact me immediately. I will review your case, explain your options, and begin building a strong defence.
Call (437) 998-1429 for a confidential consultation.
Frequently Asked Questions
Yes. Police can charge you based on perceived risk, even if the vehicle never moved.
They are identical, including fines, criminal records, and possible jail time.
Yes. Strong defence strategies often lead to withdrawals or reduced charges.
Timelines vary, but most cases take several months, depending on the complexity and court scheduling.
Yes. The conviction triggers the same licence suspensions as impaired driving.
It can, depending on where you were seated and where the keys were located.
You may face an additional charge of refusing to provide a breath sample, which carries its own penalties.
In many cases, yes. Strong defence strategies can lead to dismissals, withdrawals, or alternative resolutions.