Care and control of a motor vehicle

Were you arrested for having the care or control of a motor vehicle while impaired?

Can you demonstrate that you had no intention or ability to drive the vehicle in which you were taking place upon your arrest?

Sitting at the wheel of a motor vehicle while impaired is not enough to be convicted of having the care or control of a vehicle while impaired. The prosecution needs to prove several elements beyond a reasonable doubt to get a conviction.

Many of our clients have been found not guilty on such a charge, thanks to our experienced lawyers. We can identify and exploit the flaws in the accusations and minimize the consequences.

Contact us today to schedule a free initial consultation, and we will make sure to answer your questions.

Getting ready

How to prepare for your first appointment with our lawyers:

1To make sure you don’t forget important details, we recommend you write down the sequence of events quickly after your arrest. Here is an example of facts that may be relevant.

  • Date, time, and day of the week on which the events took place;
  • The location where the events occurred;
  • Names and contact information of the people in your company at the time, if applicable;
  • Model, year and colour of your vehicle, and the one involved in the accident, if applicable;
  • What you consumed beforehand and where (brands, quantity, places);
  • How did the Breathalyzer test go? Normally or with difficulty?
  • Did you ask to speak to a lawyer upon being arrested? Even if you did not know a lawyer, were you given this opportunity?
  • When you exercised your right to counsel, were you alone in the room with the door closed? Could the police hear the conversation?
  • Where were the keys to the vehicle located upon being arrested? Was the engine running?
  • Did you have a plan to get home with a designated driver or by cab?
Me Marie-Joëlle Demers, criminal lawyer

2

After having written down all the details, we highly recommended you make a note of the dates that appear on the documents provided by the police after your arrest. It is important to remember that if you do not appear in court on the day required, and if no lawyer is present on your behalf, the Court will issue a warrant for your arrest.

3Gather all the documents related to your charge into one file. Before proceeding with any correspondence, we recommend you meet with a lawyer and bring these documents to the meeting.

4Contact us quickly by phone or email to make an appointment. We will advise on how to proceed and will prepare the case accordingly.

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