Is it possible to get charged with a DUI while parked? | Experienced DUI Lawyer in Newmarket and Toronto
Many Canadians would be surprised to learn that you can be arrested, prosecuted and convicted of impaired driving even when they are not physically operating the vehicle. As an experienced DUI lawyer in Newmarket, I can help you strengthen your case and prepare you for all potential scenarios.
Being arrested for impaired driving while sitting in your car in your driveway, a parking lot or on the side of the road is a more common occurrence than you might think. In the Canadian Criminal Justice System, it is prohibited for anyone to control a vehicle while they are impaired either by the influence of alcohol, drugs or a combination of both substances.
You need an experienced DUI lawyer in Toronto who is skilled in the areas of impaired driving and who understands the intricacies of Canadian Law and how to negotiate with the Crown to minimize the impact of the offence.
Understanding the basics of drinking and not driving under the Canadian Criminal Code
The official charge for drinking while inside a motor vehicle, vessel, aircraft or railway equipment is under the Operation While Impaired under the Criminal Code that can further be explained as such:
Section 253 (1) An individual committing an offence who operates a motor vehicle or vessel or assets in the operation of an aircraft or railway equipment, or is in the care and control of those modes of transportation, whether is in motion or not,
- While the operator’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by the presence of alcohol or drugs; or
- The operator’s blood exceeds eighty milligrams of alcohol within one hundred millilitres of blood.
What is ‘Care and Control’ in terms of a DUI charge?
The term ‘care and control’ has been the source of litigation in the last decades within Canada’s criminal courts. The core meaning of the term is shortened from Canada’s Supreme Court that asks the question, “Does a drunken person’s interaction with a motor vehicle, regardless of whether they are driving it or not, pose a risk of danger to people or property?”
Care and control can be proven by showing that an individual was either driving the motor vehicle or has taken an action in which they would put the car in motion. Even if an impaired person that is under the influence of alcohol, drugs, or both substances, is sitting in the driver’s seat with a fully reclined chair and keys in a pocket, they still have the potential to be charged.
Understanding the basis of ‘care and control’ is much more efficient when using a professional lawyer that can work with you to strengthen your case. Semyonov Law will carefully handle intricacies involving the federal Criminal Code, the provincial Highway Traffic Ace, police procedures and the appropriate evidence that is brought to trial.
What the Crown attorney needs to prove for an individual to get charged
When charged with impaired driving care and control, the proof will lie with the Crown attorney who must demonstrate beyond a reasonable double all of the following circumstances:
- That the driver had care and control
- That the motorized vehicle was put into motion
- That the accused was in the driver’s seat with the intention of putting the vehicle into motion
- That the driver had accessible possession of the keys
If any of the above statements are found not to be true, the individual charged will have a higher chance of a positive outcome.
How long does a DUI stay on your record in Ontario?
A criminal record will maintain your name, offence committed, and fingerprints within the RCMP database. A DUI can stay on your criminal record permanently if you are convicted in court.
If you have not committed any further offences and meet certain eligibility requirements, you may be able to apply for a record suspension. A record suspension ensures that your record will not be accessible to employers, landlords, etc. who are looking it up – allowing you to have a fair shot at employment and educational opportunities. You may be eligible for a record suspension no less than five years after the original DUI charge.
Charged with an Impaired Driving Charge? Call today for expert legal advice!
Since impaired driving charges are detailed and technical, it is imperative that you seek a criminal defence lawyer who has represented hundreds of clients in sensitive impaired driving charges. Mr. Semyonov has successfully represented numerous clients by having their charges either reduced or dismissed.
Contact Semyonov Law 24/7 to help you with your DUI case and sort out the legalities of the Canadian criminal justice system.