After a night out drinking, some people find themselves wanting to sit in their car and listen to some tunes for a while. This might seem innocent on the outside, but some people find themselves in a bit of a conundrum after doing so. It doesn’t matter what purpose you have for going into your car, if you’ve been drinking heavily throughout the night and get into your vehicle, the law says that you’re in control of it. Because of that, you could be charged with impaired driving. Getting a DUI lawyer in Brampton is one of the best ways to fight against an offense like this.
Being charged with a care and control offense for listening to music in your car after drinking can result in a lot of frustration and confusion for many people that aren’t aware of the laws surrounding it. You can be criminally convicted which will result in losing your license for a certain period of time, dealing with a criminal record, and potentially even serving time in jail.
You’ll also be dealing with increased insurance rates and issues with your job if you’re required to drive a vehicle during your duties. Some employers terminate employees if they aren’t able to do their tasks following a conviction.
Care And Control – What Does it Mean?
Looking at the Criminal Code of Canada, part of it says that care and control requires an intentional course of conduct for using a vehicle by someone that is impaired or by someone that has a blood alcohol content that is higher than the legal limit in cases that will pose a risk for people or property. In basic terms, if you’re drunk and get into a vehicle that is put in motion or that could potentially cause danger to anyone around the vehicle, that is care and control. It doesn’t matter if the vehicle is just sitting still or not. If there is a chance that the vehicle could be put in motion while you’re in it, then some danger could be involved, and that is grounds for a care and control conviction.
There are two ways that care and control of a vehicle can arise.
Drinking
- If you’re operating the vehicle while impaired by alcohol, drugs, or both at the same time
- If your concentration of alcohol in your blood is above the threshold of 80mg of alcohol per 100mL of blood
Driving
- If you’re in the vehicle and operating it
- If you’re only sitting in the driver’s seat and not able to provide evidence that you’re sitting in the driver’s seat for other reasons apart from operating it
- If there’s a risk that you will change your mind and begin operating the vehicle while under the influence
- If there is a slight risk that you’ll put the car in gear and drive
- If there is a risk that you being in the vehicle will put people or property in danger
The liability is on the person in the driver’s seat of the vehicle. If you’re going through a situation like this, you’ll want to contact a DUI lawyer in Brampton as soon as you can so that a case can be developed that will prevent you from dealing with a care and control conviction.
One of the easiest ways to prevent a criminal charge after drinking is to just stay away from vehicles. This isn’t always easy to do because sometimes people like to just sober up in a vehicle for a couple of hours before driving off. It might also be cold outside and you have nowhere to go after a few drinks. It makes sense that you want to go into your vehicle to stay warm. If you’re considering it, refrain from getting in the driver’s seat of the vehicle. If you can, you’ll want to ensure that the keys aren’t in the ignition of the vehicle.
Staying in your car after drinking should be a last resort type of thing. Consider staying in the back seat of the car instead of the front ones.
Final Thoughts
Always exercise a great deal of caution being anywhere near or inside a vehicle after you’ve been out drinking. Ensure that you’re aware of what care and control are so that you can avoid being convicted of something. If you do find yourself being convicted of something like this, contact Jonathan Lapid as soon as you can. The field of DUI law is a confusing one that causes many people frustration. It always helps to have an experienced and reputable lawyer on your side that can carefully guide you through the process in a way that you will understand.
