Did you know that it is possible for someone to be accused of committing an offense by the Crown if the person’s driving abilities are impaired even if the vehicle is not running? In fact, under subsection 253(1) of the Criminal Code, it is the offence of impaired care or control of a motor vehicle.

Having physical control is not necessary; a person can be accused of care or control of a vehicle even if that person is not inside the vehicle. The notion of care or control does not necessarily require the person to be driving the vehicle, or for the motor to be running.

Moreover, a person can even be accused of having care and control of a vehicle even though somebody else is driving it.

In view of this information, it is important to note that to be accused under subsection 253 (1) of the Criminal Code, the vehicle is not required to be in a public place.

Do not hesitate to call us if criminal charges are laid against you. We can evaluate your situation and guide you through the process.

 

Text written with the invaluable collaboration of Ms. Veronique Gauthier, law student.