Quote:
Originally Posted by Spidey
please provide evidence of anyone sleeping in the back seat of their car (intoxicated) getting an Impaired Driving Charge and conviction. I have never heard of these stories, ever. And unless the person who is passed out in the back seat has his or her keys in the ignition and the car running, and no one else in sight, MAYBE they can be done for care and control, but even that is a stretch. If these "stories" you are talking about are all heresay, it is probably people who have been charged and are trying to downplay what really happened.
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You are right,
In what circumstances do these charges apply?
The criminal provisions apply if you were in “care and control” of a car, boat, plane, or other motor vehicle or vessel. Care or control of a vehicle means you were in the driver’s seat and had access to the ignition key, even if you were parked.
Thus if Bob decides to sleep off the booze he drank the night before in his car, he must ensure that he does not have the keys on his person or he may be charged with an offence.
BC Criminal Defence Law Firm Article: | Dykstra & Company
Now, If I hadn't done some googling, I didn't know that sitting in a driver seat with keys in your pocket can land you in jail while intoxicated. My question would be do you know how many drivers know about control and care law? Now of course ignorance doesn't justify breaking the law, but a DUI can change a person's life. Now in the learners book page 103 (icbc website) describes alcohol impairment. But no where in the book does it touch on sleeping in the driver seat. It is not a stretch to conclude that an average driver would know about this law.