Quote:
Originally Posted by sekin67835
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. |
If the keys are in the ignition, it's pretty slam dunk. If the keys are in his pocket, it would be up to the Police officer to to try to prove that the elements of Care and Control are met. Before I was a police officer, I never knew what "care and control was", and the few times I slept in my car, I did it in the passenger seat, and back seat. I guess common sense isn't all that common...