A person does not need to be actually driving or operating their vehicle to be charged with a drinking and driving offence in Ontario. It is also possible to be charged and convicted if a person is in care or control of their vehicle. This is due to the risk of an intoxicated person losing their judgment and operating a vehicle they have care or control of.
Care or control has been defined as whether a person has taken any acts that could cause the vehicle to become a danger whether by putting it in motion or by some other way.
If a person is found to be in the driver's seat of a motor vehicle (or the seat normally occupied by the operator of one of the other types of vehicles listed), they are presumed to be in care or control of the vehicle. The presumption can only be rebutted if the person is able to show on a balance of probabilities that at the time the person occupied the seat he or she did not occupy the seat for the purpose of putting the vehicle in motion. However, even if the person is able to rebut the presumption, the prosecutor may still be able to prove beyond a reasonable doubt that they met the traditional definition of care or control (example, had keys in pocket while intoxicated).
Blowing over 80 is the most common drinking and driving Charge that is defended in the courts. In Ontario, operating an automobile, boat, snowmobile or motorcycle - motorized vehicle with an alcohol level that exceeds 80 milligrams of alcohol per 100 millilitres of blood is over the legal limit.
It is a scary situation, you have never broke the law before. You felt fine, you weren't drunk but you blew over 80 at a RIDE Spotcheck or a traffic stop. Does this mean you are guilty?! Until the evidence is seen by a Criminal Lawyer only then can your options be presented to you. How much will this cost? Again, you need to sit down with a lawyer to understand the complexities of your case. Contact us today for a free case evaluation.
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