Nicholas Charitsis is a Toronto lawyer specializing in impaired driving & care and control charges for the Toronto and area courts. Consultations for drinking and driving case are conducted at no charge by calling 416-878-2275 or contacting our office.
Impaired Driving Care & Control
What Does Impaired Driving Care & Control Mean?
Impaired driving care & control means that the police did not actually find the driver physically driving a motor vehicle, but they did find that the accused was impaired and had the control and possession of the motor vehicle.
Impaired driving care & control means that the police have found the accused sitting or stopped in a motor vehicle and the police officer has formed the opinion that the driver’s ability was impaired due to an alcoholic beverage or drug.
Driving while impaired and having care & control doesn’t mean that the driver was drunk, only that their ability to drive, operate and have control of a motor vehicle was impaired, or “changed” due to the consumption of alcohol or a drug
Many times people arrested for care & control while impaired thought that they were doing the right thing, by not driving and waiting for the effects of the alcohol to dissipate.
The accused thought they were doing the right thing but just sitting or sleeping in the vehicle rather than driving while impaired.
The criminal courts on the other hand, considers that if someone is sitting in a motor vehicle while impaired, they have the care and control of a motor vehicle so there is a risk to the public that that person is going to drive.
My job as a criminal lawyer is to defend you in court, to show the court that that was not the case and to defend you to the best of my abilities.
If you have been arrested for impaired driving care & control contact me to discuss your case free of charge.
As a expert in impaired driving care & control and drinking and driving charges I have the experience to defend you in court and to win your case.
Fighting Impaired Driving Care & Control
For the police and the crown attorney care and control while impaired can be proven by;
- Showing actual care or control which involves some use of the vehicle or
- Showing that the vehicle was able to be put in motion so that it could become dangerous.
- Showing the accused occupied the driver’s seat for the purpose of putting the vehicle in motion.
Although the vehicle may not have been running or in motion, showing that the accused’s ability was impaired and results of a breathalyzer test would be used as evidence in court.
Defending Impaired Driving Care & Control Cases
Everyone is entitled when charged with a criminal offence to defend themselves in court.
You may feel that if the police have arrested you for impaired driving that you’re automatically guilty, which is wrong.
For every impaired driving charge there are issues and defenses available.
It is the driver’s right under Canadian law to have a lawyer present your defense, to have a Judge hear what happened and for the judge to make a decision about the guilt or innocence, not the police.
The law on impaired driving care and control is strict, and the police and the crown attorney must do everything properly and legally to obtain a conviction against the accused.
There are defenses to impaired driving charges and at Charitsis Law we know the law on drinking and driving charges.
Impaired driving care and control defenses can include issues such as;
- The collection of evidence against the accused. e.g. breathalyzer tests
- The right to speak with a lawyer in privacy
- The right to have your trial in a reasonable period of time
- Have the police done everything properly
- Have all the documents been properly submitted and prepared at the court
- Can the prosecution prove the case beyond a reasonable doubt
- The onus is on the police and prosecution to prove the guilt of the accused beyond a reasonable doubt to the Judge.
Nicholas has a great understanding of the system and knows how to work for his clients individual needs. From the very beginning to the end Nick was professional, understanding of my position and reassured with confidence he would get the job done.
The results are self explanatory, no charges, no convictions and no criminal record. Nicholas given me a chance to continue to live my life without burden and I am truly grateful. If ever you are in need a lawyer, he is your guy!
Collection of Evidence Against the Accused
When the police collect evidence like a breathalyzer test there are rules that they must follow.
Where the police evidence has been improperly collected or presented to the court it may provide a defence for the accused.
If there is a mistake or your rights have been violated, the proper thing for the judge to do is to dismiss or “stay” your charge.
If you have been arrested call me to discuss your case and find out how I can help you.
The Right to Speak to a Lawyer When Arrested
The accused did not received their right to counsel or a lawyer.
Canadian law, the Canadian Charter of Rights and Freedoms says that if you are charged with a criminal offence then it is your right to speak to a lawyer as soon as possible.
You have the right to speak to the lawyer in privacy without anyone or a police officer being present.
You have the right to speak you a criminal lawyer of your choosing, and the police must make reasonable steps to put you in contact with that lawyer.
Time Delay Argument
As a Canadian citizen if you are charged with an offence in Canada you have a right to have your case heard by a judge within a reasonable period of time.
The time that is considered reasonable for a criminal matter is about eighteen months (18) months.
If your case takes more than eighteen months (18) months to come to trial as your lawyer I can file a complaint to the judge to have your charge dismissed.
This is called an 11b Application under the Canadian Charter of Rights and Freedoms.
Did the Police Do Everything Properly?
The police officer is under strict rules for arresting a person for impaired driving.
The officer has to properly;
- place the driver under arrest
- read the driver your rights to counsel
- read the driver a breathalyzer demand
- ensure the driver understands what they have been told
- ensure that the breathalyzer test is taken as soon as possible
- ensure that all evidence is collected properly and legally
- ensure that the case is prepared for trial and that all documents are properly prepared
This is partial list of requirements upon the police in arresting and charging the accused; there are many more issues that can arise at trial.
The testimony of the police officer a impaired driving care and control trials can be in issue.
Many times police officers are able to write out the report, but when the case comes to trial months later the officer may have issues regarding what actually happened.
Guilty Beyond a Reasonable Doubt
In a trial for impaired driving the police have to prove that you are guilty beyond a reasonable doubt.
Which means that the police have to prove to the judge that you are 100% guilty of the charge.
In the first instance the accused does not have to defend themselves.
The police have to prove the case against driver, not that driver has to defend themselves.
If the police cannot prove the case against the accused, or the judge has any doubt in their mind, the judge should dismiss the charge.
For example should the judge say that they are 90% sure the accused committed the offence but they have a 10% doubt in their mind, then the judge should dismiss the charge.
Where there is a tie, a tie goes to the accused.
The Who, What, When, Where and How of a Criminal Trial
In an impaired driving trial the police and prosecution do these five (5) things;
- Prove who did the deed, the identity evidence, who
- Prove where the offence occurred, the what evidence
- Where did the incident happen
- When did the incident happen
- How did the incident happen
If the police and crown attorney cannot prove any of these issues the case can fall apart and the charges maybe dismissed / withdrawn.
Breathalyzer tests have to be done properly and legally.
If the police are going to use the results of a breathalyzer test against the driver, the tests have to be;
- done properly and legally
- Breathalyzer tests have to be taken within time limits,
- by a qualified breathalyzer technician,
- usually within two (2) hours of the time of the offence,
- properly report the results to the court.
- properly served notice on the accused.
When the case comes to trial, either the breathalyzer technician has to come to court, or the arresting officer has to provide to the court the proper paper work to prove the breath readings, and that the documents were properly served on the accused.
Penalties for Impaired Driving Care & Control
The penalties for Impaired Driving Care and Control are serious and are the same as if you were arrested for Impaired driving;
- Immediate 90 day license suspension
- A fine of $1000 to $2000 dollars
- A criminal record for life
- Possible jail for serious or repeat offences
- Upon conviction an additional one year license suspension
- Driver licence reinstatement fees of 300 dollars.
- Upon reinstatement of license, mandatory Ignition Interlock installed in any vehicle
- Insurance rates of over 10,000 dollars per year for 5 years.
- Possible loss of employment
The penalties for impaired driving care and control have long term affects, as insurance companies will penalize drivers for up to five (5) years with high insurance rates.
As a Toronto lawyer I have years of experience with defending impaired driving and motor vehicle law. When it comes your defense I am an expert in criminal law that can properly present your defense to the court, I leave no stone unturned in your defending my clients.
Call now to get the information you need to fight your charge. I have years of trial experience with drinking and driving charges and know how to win your case.
When it comes to fees, I am one of the most affordable lawyers in Toronto. You don’t have to pay the whole fee up front and I offer payment plans to fit your situation. A reasonable deposit gets me working to fight your case.
Call us at 416-878-2275 or visit our offices >
Impaired driving care & control
The information provided within this website is the property of Nicholas Charitsis and is protected by copyright law. Any distribution or reproduction in any way, shape, means or manner is expressly prohibited by law without the the prior written consent of the owner(s) of the copyright.
This site is for information only and is not meant to replace qualified legal advice by a criminal lawyer. The application and interpretation of law, and impaired driving law is constantly changing the writers shall not be held responsible for any information that may be incorrect or out of date. The owners of this website recommend that anyone wishing to fight an impaired driving charge obtain qualified legal advice before doing so.