Client acquitted of impaired care or control of a motor vehicle. Client observed with female passenger sitting in driver’s seat of his vehicle with the motor running. Court accepted client’s testimony that he knew he was too intoxicated to drive and had in fact been driven to the location by a designated driver. Designated driver had dispute with female passenger and refused to drive them rest of the way home. Client called his wife (which she confirmed in evidence to come and pick them up. Client entered the driver’s seat and turned motor on to stay warm until wife arrived. He was arrested before her arrival. Court found no undue risk of setting vehicle in motion in these circumstances.
July 2, 2010