Section 253(a) and Section 253(b) of the Criminal Code of Canada – Care and Control impaired driving

An R.C.M.P. officer found P.M.S. sleeping at the wheel of a running motor vehicle outside a local drinking establishment. The officer, purportedly out of concern for P.M.S.’s safety, woke P.M.S. from his sleep. The officer identified a number of indicia of impairment and arrested P.M.S. for impaired care and control of a motor vehicle and demanded a sample of his breath.

Many people are surprised that they can be charged with impaired care and control of a motor vehicle even though they never put the vehicle in motion. Furthermore, this charge carries with it the same penalty as if you were driving.

P.M.S. ultimately refused to provide a sample of his breath when they returned to the police station. P.M.S. was charged with impaired care and control of a motor vehicle and refusal to comply with a breath demand. Not guilty pleas were entered and a trial date set. Sean Fagan brought a multitude of applications challenging the arrest, search, and unlawful assault by the police on P.M.S. All of the Charter arguments were unsuccessful. But, as can be the case, when one defence fails another presents itself. Sean Fagan raised a reasonable doubt regarding the offences charged and secured verdicts of not guilty on all counts.