Calvin Barry Professional Corporation

Effective Defence Against A Care and Control Charge in Toronto

When Experience Matters

Having a reliable and experienced DUI lawyer is always a good idea when you are charged with care and control or impaired driving in Toronto because these criminal charges are often met with harsh and severe punishments.


According to section 253 of the Criminal Code of Canada, anyone who has a blood-alcohol level that is more than 80 milligrams per decilitre or is under the influence of drugs is an impaired driver if the following conditions are met:


  • If the person is assisting in the operation or care and control of a railway equipment, an aircraft, a vessel, or a motor vehicle
  • If a person is operating an aircraft, a vessel, a motor vehicle, or a railway equipment

In addition to the above, the vehicle in question may or may not be in motion.


In the event that you had been charged with care and control, it is a necessity to hire a reliable and reputable DUI lawyer to make sure that your legal rights are protected from any legal consequences that might be related to the case. Calvin Barry Law offers you experienced DUI lawyers in Toronto who specialize in defending DUI offences. We will do our best and strive to protect you against unlawful conviction in a care and control or an impaired driving case.

What Defines A Care and Control Charge, A DUI Charge, and An Over 80 Charge in Toronto and Ontario?

Contrary to what most people believe, it is not necessary for you to be actually driving a motor vehicle when you are impaired for you to be charged with a care and control charge, an over 80 charge, or a DUI charge. As long as you are able to set the vehicle in motion, it doesn’t matter if the vehicle is moving or not. Being inside the vehicle while impaired is enough to warrant a conviction for a DUI. Just having the ability to be in care and control of the vehicle is enough grounds for a conviction.

How to Legally Avoid A Charge of Care and Control In Toronto?

To clarify, being found drunk while in the driver’s seat of a vehicle can mean more charges as compared to when a person is sitting in any other seat while impaired with either alcohol or drugs. If you were found by the police officers to be in the driver’s seat, they can conclude that you have impaired care and control of a vehicle whether the vehicle is moving or not. This is because by being seated in the driver’s seat, you have the ability to set the vehicle in motion. The burden to prove that you have no intention of ever driving or operating the vehicle will fall onto you. This is very difficult to prove unless there is very specific evidence that can show otherwise. You will have to convince the court and the judge that you have no capability or intention to set the vehicle in motion which can be very difficult to prove if you were found to be in the driver’s seat.

With the above said, it is best to stay out of the vehicle if you are impaired by either drugs or alcohol to avoid any care and control or DUI charges. Additionally, you may hire a sober driver or a vehicle service if you are impaired to avoid being found in a situation wherein you can be charged with care and control or a DUI charge in Toronto.

Fight A Care and Control Charge by Hiring An Experienced DUI lawyer In Toronto

An experienced DUI lawyer can convince the court that you have no capability or intention to set the vehicle in motion. It is important to provide all the details that you can remember to your DUI lawyer so that your lawyer can do a proper assessment and preparation for your representation in court. At Calvin Barry Law, our lawyers will help you prepare to fight against a DUI or a care and control charge.

Consequences of Breaking the Criminal Code for Care and Control In Toronto

Ontario and Toronto have serious consequences for those who were found breaking the Criminal Code for care and control. On top of the fact that the Criminal Code considers DUI offences as severe criminal offences, a convicted person can face suspension of license, paying fines, serving jail time, having a criminal record, needing to enroll in an education or a treatment program, and more. Hiring an experienced DUI lawyer is a must to protect you from a DUI conviction. At Calvin Barry Law, we will do what we can to minimize the consequences of having a care and control or DUI charge against you.

Contact a DUI Lawyer in Toronto Today

A DUI lawyer can help you against a multitude of DUI charges such as:

Consequences of Impaired Driving In Toronto:

The consequences of a DUI charge can follow you throughout life. These consequences can include all or any of the following:

  • Having a criminal record
  • Serving jail time
  • Facing license suspension
  • Having to face several expensive fines
  • Dealing with travel restrictions
  • Coping with the loss of income
  • Having difficulty with obtaining insurance

Important Toronto Laws About Over 80, Impaired Driving, and Care and Control Charges

In the Criminal Code of Canada’s Section 253(1)(a), impaired driving is defined as having care and control of a motor vehicle or driving under the influence of alcohol or drugs or a combination of both. To be clear, care and control do not mean actually driving a vehicle. The police officer can charge you if the police officer has enough reasons the form an opinion that your ability to operate a vehicle is impaired due to drugs or alcohol. This can apply whether you are in the driver’s seat or some other seat in the vehicle and whether or not the vehicle is in motion.

Over 80 is defined as an extreme offence in section 253(1)(b) of the Criminal Code of Canada. According to this section, it is an offence to be in the care and control or operate a motor vehicle if you have more than 80 milligrams of alcohol per 10 deciliters of blood. A charge of care and control over 80 means that a person has care and control of a vehicle while the person has a higher than the legally allowable level of alcohol. This is a criminal offence and has very serious consequences.

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Calvin Barry is an experienced criminal defence lawyer and an impaired driving lawyer in Toronto with more than 30 years of expertise navigating the law.

Calvin Barry Professional Corporation