I live in Prince Edward Island Canada.

A friend of mine was recently charged with "care and control" under the criminal code act. He was approached outside a local bar by police as he was sitting in the passenger seat of his vehicle. There was someone passed out in the back seat and she had put the keys in the ignition. So when the cop arrived he asked where the keys were and my friend replied he didn't know, then the cop noticed them in the ignition (truck wasn't running). My friend was then handcuffed and put in the cruiser, taken to the station and given the breathalizer which he failed. My friend wasn't planning on driving he had went out to check on the girl passed out in the truck. My question is what chance does he have on beating this charge. He has talked to a Lawyer and the lawyer sasy he wants 2500 up front but says he has a good defence. Help.

Sorry, but all of this sounds suspicious and I don't blame the cop for thinking that too. He was in a truck, drunk, with a girl passed out and the keys were in the ignition and he said he didn't know where the keys were. Given a breathalyzer and failed it. That is two strikes against him and it doesn't look good.

A lawyer who wants to charge him 2500 Cdn and says he has a 'good defence'. You have to be kidding, right ? The lawyer will get his 2500 no matter what happens to your friend.

You had better tell him to dress well and speak politely to the judge, say he's sorry and I hope he loses his license.

Just my opinion because I absolutely hate to hear anyone, even intending to drive away drunk.

Care and Control is a valid charge; that lawyer can't beat it. Sorry.

Tick

What is the lawyers percentage at beating this charge ? Will the lawyer offer a money back if he does not win ?

We had an attorney here in Atlatna, that helped write the GA law, he had over a 90 percent win in beating any DUI case. But then he did not even start a case for less than 10,000

Guess it is all in how much money do you have, and how much is it worth to try and beat it ( knowing you may not)

Well first of all he is innocent, I am just looking for a legal response, not your personal views thanks

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Originally Posted by Skoda9

well first of all he is innocent, I am just looking for a legal response, not your personal views thanks

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We aren't lawyers here, but only people with experience. If you want a REAL legal answer... hire an attorney.

I figured there might be some lawyers weighing in on things. The name of this site is "live answers from real EXPERTS" is it not?

I don't think your friend is telling the truth. I'm no lawyer by the way.

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Originally Posted by Skoda9

I figured there might be some lawyers weighing in on things. The name of this site is "live answers from real EXPERTS" is it not?

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It is. They are not always online but will address this asap.

On the legal aspect , Where I live the law is the same. If you are in or around your car , with the keys in the ignition. You have broken the law.
Intent means nothing.
Can be charged same as DUI. But charge as "in or around" if DA is in a good mood.
May not be just, but it is the law.

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Originally Posted by Skoda9

I figured there might be some lawyers weighing in on things. The name of this site is "live answers from real EXPERTS" is it not?

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You will get opinions; some of us have street smarts as well, this Canadian does. Your attitude here will get you absolutely no where.

From the way you state it, he isn't innocent, the cop called it correctly the way he saw it. If he has $2500 to throw in the wind, I suggest he do it.

Tick

Here's the legal advice you want based on experience and education.

Drop the attitude.

Your friend was correctly charged.

Unless he is willing to spend a LOT of money, he is going to lose.

I know you are convinced he was innocent but innocent of what? Innocent of being intoxicated and in a truck with the keys in the ignition? Apparently he's not innocent of that and that's against the Law.

Thanks very much for the replies

Please let us know how it works out.