03-16-2015, 05:39 PM
|
#4
|
|
I Will not Admit my Addiction to RS
Join Date: Jan 2002
Location: 604
Posts: 541
Thanked 100 Times in 16 Posts
Failed 21 Times in 6 Posts
|
Quote:
Originally Posted by murd0c
|
But then there is this article as well
» Supreme Court of Canada waters down drunk driving law on 25th anniversary of project red ribbon Duhaime Law
main points being:
Quote:
The main issue before the Supreme Court of Canada in this case was whether there needs to be “a risk of danger to persons or property” to convict a person under §253(1) of the Criminal Code when the person has care or control of a vehicle and is drunk. In other words, can a person be convicted if they are drunk and have care or control of a vehicle but there is no risk of danger to anyone else or property?
The Supreme Court of Canada held that to convict a person under §253(1), there must be a risk of danger to persons or property in addition to the presence of a drunk person having care or control of a vehicle, and that the risk must be a realistic (and not a theoretical) one.
What that meant for Mr. Boudreault was that his conviction was overturned and he was free to go because although he committed the offence under §253(1) of the Criminal Code, the fact that he was asleep meant that there was no risk to any person, including himself, or to property, by his control of the vehicle.
|
|
|
|