Care or Control Ticket: Accused of Impaired Driving
- You’ve been arrested while siting in your vehicle and waiting for a taxi?
- Have you been accused of Operation While Impaired because you slept in your vehicle?
- They arrested you after an accident where the actual driver of the vehicle went looking for help, and you get charged for care or control of the vehicle?
- All these are possible situations where you can get arrested, but they are not hopeless. Many defense strategies are admissible that could keep you away from a criminal record.
Possible defense for Operation While Impaired when only having the care or control of a vehicle.
In these situations, it is the prosecutor’s duty to prove the realistic risk of putting the vehicle in motion. This technical aspect is a key factor as it leads to a defense strategy. Meaning it gives an occasion to state facts of your situation and your plan to get back home. The important question in this case is: Did your really have the intention to drive back home.
At what level were you intoxicated?
The alcohol level in your blood at the time of your arrest is crucial to establish your capacity to take clear decision and prove your case.
Actually, the more someone is in an intoxicated state, higher the risk to put the vehicle in motion is, as his mindfulness is greatly affected by alcohol.
On the opposite side, someone waiting for a taxi seating in his car, while not exceeding much over the allowed limit of alcohol in his blood, will less likely risk to put the vehicle in motion, as his mindfulness is barely affected by alcohol.
However, everything depends on the analysis and presentation of the proof at a trial. Our team at MC2 Avocats will closely study the police report and make sure to build the best defense you can have facing the charge against you. Take the time to contact us before taking a decision. The first consultation is free, and we will explain clearly to you all the consequences you are facing and also the different ways to solve your problem.
Consequences if you plead guilty:
- a minimal fee of 1000$;
- a one year minimum suspension of your driver’s licence;
- a criminal record;
- cost to cover the installation and renting of an ethylometer in your car (approx. 2000$ per year);
- you will have to pass a mandatory short recidive evaluation before being able to get your regular driver’s licence back (350$);
- if you fail your short recidive evaluation, you will have to pass the full evaluation (approx. 750$) plus the fees paid for an extended period of ethylometer usage (2000$).
CAA evaluates the cost of such an offense at roughly 7000$ without including any fees related to your defense. On top of this, having a criminal record will follow you all of your life and will prevent you from crossing the US border.
We can help you out. Make an appointment with our team and we will evaluate your needs if you are facing such charges. We will build the best defense and may even prevent a criminal record.
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