Quote:
Originally Posted by Tcoat
The laws are different in different places, there isn't one single law. The law here is not drunk driving but impaired care and control. He had care and control of the vehicle no matter where he was or what he was actually doing. Law enforcement officers (in Ontario at least) do not have any leeway when it comes to these charges. If they suspect impaired they MUST test and charge. They will lose their jobs if they just warn and walk away.
Yes, in this case it seems unfair but what if the guy wakes up, feels fine even though still impaired and drives away to kill somebody? If impaired here just do not have care and control of the vehicle.
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I mean generally if the keys are on your person and you're sleeping in the driver's seat it's a DUI. But say you left the keys in the trunk or you slept in the passenger seat/rear seats would that still be considered impaired care and control in Canada?