Impaired Driving Care & Control in Toronto - Protecting Your Rights with a Strong Defence
Facing impaired driving care & control charges in Toronto? Our dedicated legal team offers strong defence strategies to safeguard your rights and minimize consequences.
Understanding Impaired Driving Care & Control in Toronto
When you think about impaired driving, you probably think about someone behind the wheel, actually driving under the influence. But in Toronto, you don’t have to be caught in motion to be charged. Under Canadian law, you can be charged with impaired care and control simply by being in a position where you have access to operate a vehicle while impaired, even if you had no intention of driving.
In practical terms, this means you can face criminal charges simply for being inside your vehicle while under the influence of alcohol or drugs. If police believe you had the ability to start the car, or that there was a risk you might do so, they may lay a care and control charge.
This often applies in situations such as:
- Sitting in the driver’s seat with the keys in the ignition or nearby
- Sleeping inside the car while impaired
- Having control over the vehicle, even if it wasn’t turned on
In Toronto, care and control while impaired is a criminal offence under the Criminal Code and is taken just as seriously as impaired driving. Police officers are trained to assess your level of impairment, where you were positioned in the vehicle, whether the engine was running, and whether you had control of the keys. They may use roadside screening tests, breathalyzers, and drug recognition evaluations to support the charge.
Legal Consequences
A conviction for impaired care and control can result in:
- A criminal record
- Licence suspension
- Heavy fines
- Jail time, depending on the circumstances
- Mandatory education or treatment programs
- Ignition interlock requirements
These penalties are governed by both the Criminal Code of Canada and Ontario’s Highway Traffic Act, and they can carry lasting consequences for your work, travel, and personal reputation.
What You Should Know
Being charged does not automatically mean you’ll be convicted. In care and control cases, the risk of danger to the public is a central consideration. Canadian courts will assess whether there was a realistic risk that you might set the vehicle in motion while impaired. If it can be shown that you had no intention or ability to drive—for example, you were using the car as a place to safely sleep—it may be possible to challenge the charge.
At Sadro Law, we understand how these cases are handled in Toronto courts. We take the time to examine the evidence, challenge assumptions, and protect your rights. Every detail matters, and a well-prepared defence can greatly influence the result.
Difference Between “Impaired Driving” and “Care & Control”
It’s easy to assume that impaired driving charges only apply when someone is actually caught behind the wheel. But in Canada—including Toronto—there’s an important legal distinction between “impaired driving” and “care and control” that many people don’t realize until they’re facing charges.
Here’s how they differ:
Impaired Driving means exactly what it sounds like. It refers to operating a vehicle while your ability is compromised due to alcohol, drugs, or both. This means actual physical control of the vehicle while it is in motion or in gear. If you’re on the road and get pulled over, and your blood alcohol concentration (BAC) is above the legal limit (80 mg per 100 ml of blood), or if you fail a drug evaluation, you’re likely to be charged.
Care and control, on the other hand, doesn’t require any actual driving. This means the vehicle doesn't need to be in motion at all. If you’re impaired and in a position where you could realistically set the vehicle in motion—like sitting in the driver’s seat with the keys nearby—you can still face a criminal charge.
The main concern in care and control situations is the risk of danger to the public. Canadian courts have ruled that a realistic risk of the vehicle being put into motion must exist for a conviction. The law presumes that if you’re impaired with access to operate the vehicle, there may be a risk that you might do so.
Some examples:
- You’re found sleeping in your car while impaired, with the keys in your pocket.
- You’re waiting in the car for a ride, but the engine is on for heat or air conditioning.
- You're sitting in the driver’s seat after drinking, even if you had no plan to go anywhere.
In these situations, the law evaluates whether you had care and control of the vehicle—that means assessing your physical access, control of the keys, position in the vehicle, and the potential for the vehicle to be set in motion, regardless of whether you actually drove.
The consequences for a care and control charge can be just as serious as those for impaired driving. They may include a criminal record, licence suspension, fines, and even jail time. Therefore, having a clear understanding of what you’re charged with and how it pertains to your situation is vital.
Common Scenarios That Can Lead to Impaired Driving Care & Control Charges
One of the most confusing things about care and control laws is that you don’t have to be driving to be charged. In fact, many people get charged when they’re trying to do the responsible thing—like sleeping it off or waiting for a ride. But under Canadian law, if there’s a realistic risk that you could set the vehicle in motion while impaired, police may lay a charge.
Here are some real-life situations where people in Toronto have found themselves facing impaired care and control charges:
Consequences of an Impaired Driving Care and Control Conviction
Facing a conviction for impaired care and control can have many serious consequences, impacting both personal and professional aspects of life. Understanding these repercussions can help individuals grasp the gravity of the situation and the importance of making responsible decisions—and seeking a strong legal defence.
1. Mandatory Licence Suspension
After a conviction, expect a mandatory driver’s licence suspension under both the Criminal Code and Ontario's Highway Traffic Act. This means losing the privilege to drive for a specific period, which can disrupt daily routines and make it challenging to meet personal and professional commitments. The inability to drive affects independence and mobility.
2. Fines and Fees
A conviction comes with mandatory minimum fines, which may increase depending on the circumstances (such as prior offences or high BAC levels). These financial penalties can strain personal finances and create an expensive burden to bear. This financial setback can lead to budgeting challenges as one might need to redirect funds from other essential areas.
3. Possible Jail Time
Depending on the severity and circumstances, including whether it's a first or repeat offence, jail time may be imposed. This consequence not only disrupts day-to-day life but also negatively impacts family and employment. The possibility of incarceration can have long-lasting emotional and psychological effects.
4. Vehicle Impoundment
In Ontario, vehicle impoundment usually occurs at the time of arrest rather than as a direct result of a conviction. This means temporarily losing access to your car, which can further complicate transportation logistics. Retrieving an impounded vehicle requires paying fees, adding financial strain.
5. Mandatory Education or Treatment Program
Participation in a mandatory impaired driving education or treatment program (such as Ontario’s “Back on Track” program) is often required before driving privileges can be reinstated. These programs aim to educate offenders on the dangers of impaired driving and may include rehabilitation components. Completing these programs can be time-consuming and demanding.
6. Professional and Employment Consequences
The repercussions of a conviction extend to the workplace. Job opportunities might be limited, especially in fields requiring clean records. Employers might view this behaviour unfavourably, potentially resulting in job loss or reduced career prospects. Professions involving driving, licensing, or vulnerable sector work may be particularly affected.
7. Travel Restrictions
A criminal record can impose strict travel restrictions. Some countries—such as the United States—may deny entry, limiting personal and professional travel opportunities. This restriction can impact personal freedom, and businesses might incur losses due to travel limitations.
8. Criminal Record
A conviction results in a criminal record, impacting various facets of life. This record can complicate travel, limit job opportunities, and create hurdles in pursuing certain licences or roles. A criminal record is a lifelong label that can restrict personal freedom.
9. Ignition Interlock Requirement
After a licence suspension, you may be required to install an ignition interlock device as a condition of reinstating your licence. The device requires a breath test and will prevent the vehicle from starting if alcohol is detected. This measure is intended to reduce repeat offences, though installation and maintenance costs can be significant. Participation in the ignition interlock program may be mandatory for a specified period, particularly for repeat offenders.
We’re Here to Help: What Sadro Law Can Do for You
When you're charged with impaired care and control, time isn’t just important—it’s critical. Early action can mean the difference between a strong defence and avoidable consequences. At Sadro Law, we understand the stress and uncertainty this charge brings, and we act quickly to protect your rights and your future. Here’s how we help from the moment you reach out:
At Sadro Law, we don’t believe in quick fixes or empty promises. We believe in clear advice, strong legal strategies, and real dedication to your case from day one. When your future is on the line, we’re ready to act—so you don’t face this alone.
Common Legal Defences to “Care and Control” Charges
Not every person found inside a vehicle while impaired is guilty of “care and control.” In fact, these charges are often based on assumptions rather than clear legal proof. At Sadro Law, we carefully examine the details of your case and apply defence strategies that reflect both the facts and the law.
Below are some of the most effective legal defences we may use, depending on the circumstances of your situation:
List of Services
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No Realistic Risk of the Vehicle Being Set in MotionList Item 1
The law requires a realistic risk that the vehicle could be put into motion, not just the possibility. If that risk doesn’t exist—such as when the vehicle was inoperable, the keys were not within your control, or there was no practical way for you to drive—we can argue that care and control were not established.
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No Immediate Intent or Ability to DriveList Item 2
While intent is not always required for a conviction, demonstrating that you had no intention or ability to operate the vehicle—such as sleeping in the back seat with the keys stored elsewhere—can help rebut the presumption of care and control. Simply being inside the vehicle is not enough to prove guilt.
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Alternative Plans Were in PlaceList Item 3
In many cases, individuals have made clear efforts to avoid driving while impaired. Whether you were waiting for a friend to pick you up, had arranged for a ride, or simply used your vehicle as a place to stay warm or dry, these details matter. When combined with evidence that there was no realistic risk of driving, we may be able to challenge the charge on that basis.
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Insufficient or Unreliable Evidence of Impairment
Whether the Crown is relying on signs of impairment or blood alcohol concentration (BAC) results, we closely scrutinize the testing procedures, timing, and overall reliability of the evidence. If breath or blood tests were delayed, conducted improperly, or lack proper documentation, we may be able to challenge their admissibility or credibility.
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Charter Rights Violations
Everyone is entitled to protection under the Canadian Charter of Rights and Freedoms. If your rights were violated during the arrest—for instance, if you weren’t given timely access to a lawyer or were unlawfully detained—we can file a Charter application to exclude improperly obtained evidence or even seek to have the charge stayed or withdrawn.
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Unlawful Arrest or Detention
An officer must have reasonable grounds to arrest or detain you. If there’s doubt as to whether those grounds existed—especially in care and control cases that rely on circumstantial evidence or assumptions—we can challenge the legality of the stop, search, or arrest itself.
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Unreliable or Inadmissible Evidence
Inconsistencies in police reports, missing dashcam footage, or unreliable witness testimony can all raise doubts about the Crown’s case. We will challenge any evidence that fails to meet legal standards of reliability or admissibility. Every detail matters, and we leave none unexamined.
At Sadro Law, we approach every impaired care and control charge with the precision it demands. These cases often turn on small but crucial details, and we know how to bring those to light in court. The goal isn’t just to defend you—it’s to protect your future.
Why Clients Trust Sadro Law
When you’re facing a care and control charge, the law can feel one-sided—and the consequences are often underestimated. At Sadro Law, we know that being found inside a vehicle while impaired doesn’t automatically mean you’re guilty. These cases require careful analysis, strong legal arguments, and a defence that goes beyond assumptions.
We’ve built a reputation for successfully defending care and control cases by focusing on what truly matters: the facts, your intentions, and the legal thresholds that the Crown must meet. Our approach is thorough, strategic, and backed by years of experience navigating impaired driving laws in Ontario. We don't just respond to the allegations—we proactively challenge them.
Clients trust us because we’re clear, responsive, and genuinely committed to their outcome. From the moment you contact our office, you’ll receive honest advice, straightforward answers, and a legal strategy tailored to your specific situation. You won’t be left wondering what’s happening—we keep communication open and transparent at every step.
We also understand the pressure you're under—professionally, personally, and financially. That’s why we move quickly, challenge weak evidence, and push for results that protect your record, your driver’s licence, and your future.
If you've been charged with impaired care and control, contact Sadro Law today. Your initial consultation is free, and fast legal guidance is available when you need it most.
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Frequently Asked Questions
Facing a charge for impaired driving care and control can be confusing—especially if you weren’t actually driving at the time. Below are answers to some of the most common questions we hear from individuals charged under this offence. Read on to learn how the law works—and how we can help.
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At Sadro Law, we recognize that navigating the legal system in Toronto can be one of life's most challenging experiences. That's why we prioritize a personalized approach for each client to ensure your needs are meticulously addressed. Across our diverse range of services, whether you're dealing with criminal charges, navigating the complexities of licence suspensions, or seeking to remove a criminal record, we bring a wealth of experience and tailored strategies to the table. Our team, based in Toronto and proficient in areas such as assault and impaired driving cases, collaborates with you to develop a robust legal strategy aimed at achieving your goals. With Sadro Law, you can expect dedicated attention, expert guidance, and a steadfast commitment to securing a favorable outcome.
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Facing an impaired care and control charge in Toronto can be overwhelming, especially if you weren’t even driving. Sadro Law offers clear guidance, strategic defence, and personal support to help you protect your record, reduce penalties, and move forward with confidence.
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