There are drunks who really think they’re okay to drive, and perhaps some who don’t care and drive anyway. But sometimes you find a drunk who knows he can’t drive, and doesn’t. And he gets arrested anyway. Welcome to the world of Care and Control.
A Sudbury man was found unconscious at the wheel of his car last summer. An onlooker smelled alcohol on his breath and called the police. The driver – or should we say, the sleeper – was found to have a blood alcohol concentration (BAC) of .14, close to twice the limit for intoxication. He was arrested.
He Really Wasn’t Going to Drive
Recently in court the defendant explained that, after drinking, he called his sister to pick him up. If that didn’t work out, he was going to wait until a co-worker’s shift was done so he could get a ride.
Why was he fined $1,000 and given a year’s suspension? Didn’t he do everything right? After all, he didn’t drive, but arranged to be driven home by a sober driver.
Canada Care and Control – All About the Car
The mistake he made was to get into the car to sleep it off. In Canada it’s a crime to be in “care and control” of a vehicle while intoxicated. That means you have the keys and could conceivably drive. It doesn’t matter if the accused intended to drive. In codifying the matter of Canada care and control in a 2012 case, the Supreme Court noted that a drunk person could:
- Change his or her mind and decide to drive
- Unintentionally set the vehicle in motion
- Endanger people even with a non-moving vehicle, through negligence or bad judgement
For that reason, our Sudbury man was considered in care and control of his vehicle, and he had to pay the price.