Law Times, Vol.21, No. 21, July 21, 2010

Motor Vehicles: Impaired Driving and "Over 80" (Sec. Case Law, p. 19)
R. v. Narinesingh (2010), Ont. C.J., West J.

Accused charged with impaired driving and driving "over 80". Due to admissions by counsel for accused the only issue in case was whether accused was in care or control of his motor vehicle at the time the police officers arrived on the scene. Officers found the accused standing outside of his vehicle while it was being loaded on tow truck. The accused had hit the curb, slashed his passenger tires, and called CAA. The accused admitted to having a couple of drinks. Police officer observed a faint odour of alcohol, administered a ASD test, the accused failed and was arrested.

Accused was acquitted on both charges. As accused was not in drivers seat when police arrived the Crown had to adduce evidence of actual care and control. Court accepted accused assertion that he did not intend on driving and that he called CAA to tow his car home. There was no risk of the accused putting car in motion or doing anything else that would pose risk of danger to the public.