Kitchener Care and Control Defence

As per section 253 of the Criminal Code; everyone commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care and control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not; while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or by a drug or having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred milliliters of blood.

In case you have been given a care and control charge, it is necessary for you to hire a reputable DUI lawyer who will protect you against any legal consequences arising from the case. Our firm offers you a reliable DUI lawyer in Kitchener who specializes in DUI offences and will strive to protect you from a conviction in an impaired care and control case.

What Constitutes A Care and Control Over 80 mg DUI Charge in Kitchener, ON

You will be surprised by the fact that you don’t have to actually be driving a motor vehicle when your impaired by alcohol or by a drug for you to be convicted of a DUI. As long as you are able to set the vehicle in motion, whether the engine of the vehicle is running or not, is enough to be convicted of a DUI. This is because you have the ability to be in care and control of the vehicle and it will be presumed that you did so while your ability was impaired.

Being found drunk sitting in the driver’s seat of a vehicle attracts more charges than when sitted in any other position of the vehicle. The police officials will (after investigation) conclude that you were in impaired care and control of a moving vehicle and will argue the case based on the fact that you had the capability of setting the vehicle in motion unless there is evidence to show otherwise. The burden will be upon you to rebut the same and convince the court that you had no intention or the capability to set the vehicle in motion. It is, therefore, advisable to stay out of the vehicle or hire a sober driver. By doing so you will be sure to avoid a care and control charge.

After due assessment of your case and preparing thoroughly for representation in court, our lawyer will be able to identify ways to avoid the care and control charge. A good DUI lawyer can convince the court that you had no intention or the capability to set the vehicle in motion.

Do Not Hesitate To Contact Us If You Have Received A DUI Offence in Kitchener

Kitchener Laws Regarding Care and Control Over 80mg and Impaired Care and Control Charges

As per the Section 253(1) (a) of the Criminal Code, impaired driving means being in care and control of a motor vehicle or driving under the influence of drugs or alcohol or by a combination of both. Impaired care and control does not necessary mean driving a vehicle. In fact a police officer can prosecute you if he has concrete reasons to form an opinion that your ability is impaired due to alcohol or any other drug irrespective of whether you sitted on the driver’s seat or the other seats, even if the vehicle is not in motion.

Section 253(1) (b) of the Criminal Code explains and defines Over 80 as an extreme offence. As per this section, it is an offence to operate or be in care and control of a motor vehicle with over 80 mg of alcohol in 100 milliliters of blood. Getting charged with care and control over 80 mg means that you were in care and control of a motor vehicle with your blood alcohol concentration being more than 0.08 which is a criminal offence and has very serious consequences.

The care and control criminal code consequences are very serious in Kitchener and Ontario. Notably, the criminal code considers DUI offences as a crime and its consequences are very serious with suspension of license, a treatment or education program, fine or probable jail time and a criminal record. A good DUI lawyer is your only option to protect you from a DUI conviction. We offer you one of the most reputable DUI lawyers in Kitchener, Ontario and can provide you protection from a DUI conviction and its consequences. We always make it our duty to provide the best services and guidance in DUI cases to all Kitchener clients.