DriveSmartBC: Care and Control of a Motor Vehicle While Impaired
You don’t have to be actually driving a motor vehicle when your ability to drive is impaired by alcohol or a drug to be convicted for impaired driving or receiving an Immediate Roadside Prohibition (IRP). Simply being able to set the vehicle in motion, engine running or not, may be enough because you have care and control of the motor vehicle while you are impaired.
If you are impaired, the best advice that I can give in most cases is to stay out of motor vehicles unless you have a sober driver.
The Criminal Code of Canada defines “care and control” of a motor vehicle as being responsible for a motor vehicle in circumstances that create a realistic risk of danger to people or property:
- The person is impaired by alcohol or drugs
- The person has access to the vehicle, such as having the keys
- The person has the intention to drive
- The person is able to drive
The situation is particularly risky if you are occupying the driver’s seat, but it is not impossible to be convicted if you are in another of the vehicle’s seating positions. Police will investigate as if you were an impaired driver of a moving vehicle and unless there is evidence to show otherwise, allege that you had the capability of setting the vehicle in motion.
At your trial or IRP review, it is up to you to show that you did not intend to drive. If you are not successful you may be convicted or the IRP may be confirmed.
The penalty is the same as if you were found driving.
If you were charged criminally, the fine, various prohibitions, 10 penalty points and a criminal record will result.
While an IRP will not give you a criminal record, the costs include the vehicle impound, administrative and licence reinstatement fees and at least 3 days without driving.
Story URL: https://www.drivesmartbc.ca/impaired-driving/care-and-control-motor-vehicle-while-impaired
--
Comments