IMPAIRED – CARE OR CONTROL – TEST

R. v. Kupper, 2014 ABPC 67 per Fradsham, PCJ:

Care or control trial. After a night of drinking at the casino, the accused decided to sleep in his car. Car was running for warmth. Accused, and his wife, testified that he had done this before, and that his practice was to call his wife when he woke up to assess whether he could drive home, or whether she needed to come and get him.

Held: Acquittal entered.

Accused’s evidence believed. A series of deliberate motions would have been required to set the vehicle into motion. The vehicle was properly parked in a parking lot, and there was no real risk that through negligence or otherwise that the vehicle might endanger others. Authorities review.

R. Batting – Defence Counsel