{"id":248,"date":"2009-11-21T14:55:43","date_gmt":"2009-11-21T19:55:43","guid":{"rendered":"http:\/\/www.normstanford.com\/?page_id=248"},"modified":"2010-04-13T01:25:46","modified_gmt":"2010-04-13T05:25:46","slug":"care-or-control","status":"publish","type":"page","link":"https:\/\/www.normstanford.com\/charges-defended\/drinking-and-driving\/different-drinking-and-driving-charges\/care-or-control\/","title":{"rendered":"Impaired Care or Control"},"content":{"rendered":"<p>A person who is not found operating a motor vehicle can still be convicted of impaired or over 80 if they are found to be in \u201ccare or control\u201d.  What constitutes being in \u201ccare or control\u201d is a complex issue that depends on a number of different factors.  Factors a court will consider include:  where the vehicle was located; where you were situated and what you were doing in relation to the vehicle; where the car keys were; and what your intention was.  This list of factors is not exhaustive.  As with any criminal charge, the burden is on the Crown to prove guilt beyond a reasonable doubt, however; if you were observed to be in the driver\u2019s seat of the vehicle, there is a presumption in the Criminal Code that you were in Care or Control and that presumption must be successfully rebutted in order for you to be acquitted.  This can be done by convincing the court that when you got into the driver\u2019s seat of the vehicle, it was not your intention to drive.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A person who is not found operating a motor vehicle can still be convicted of impaired or over 80 if they are found to be in \u201ccare or control\u201d. What constitutes being in \u201ccare or control\u201d is a complex issue that depends on a number of different factors. Factors a court will consider include: where the vehicle was located; where you were situated and what you were doing in relation to the vehicle; where the car keys were; and what your intention was. This list of factors is not exhaustive. As with any criminal charge, the burden is on the Crown to prove guilt beyond a reasonable doubt, however; if you were observed to be in the driver\u2019s seat of the vehicle, there is a presumption in the Criminal Code that you were in Care or Control and that presumption must be successfully rebutted in order for you to be<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":226,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages\/248"}],"collection":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/comments?post=248"}],"version-history":[{"count":0,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages\/248\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/pages\/226"}],"wp:attachment":[{"href":"https:\/\/www.normstanford.com\/wp-json\/wp\/v2\/media?parent=248"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}