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Where the court finds that the accused did not commit the offence and did not have the intent to commit an offence, the court may acquit or dismiss the charges. The defense argued that the accused had no such intent to commit the offence, the judge believed the defense and dismissed the charge.
The Accused Had No Intent to Drive
The police received a call from an anonymous citizen regarding an impaired driver who was sitting inside a black GMC truck in a driveway.
When the police arrived they located the vehicle and found the accused who was sitting in the drivers seat.
At this time the vehicle was parked in the driveway facing the street in a stationary position with the keys in the ignition, the engine was running and the radio was playing in the background.
The Police asked the driver to step out of the vehicle.
Police observed the man had a strong odour of alcohol on his breath, his eyes were red rimmed, glassy and his speech was slurred. Upon exiting the vehicle the accused was swaying back and forth, and was unsteady on his feet.
The man needed to hold himself up with the railing from the stairs to stop from falling on the ground. Inside the vehicle, police found 2 empty cans of Budweiser beer. In the center console there was an opened bottle of Miller Genuine Draft that the accused admitted to be drinking.
The police officer formed the opinion that man’s ability to have care or control of his motor vehicle was impaired by the consumption of alcohol. The police officer then arrested the man at 10:17pm for the charge of care or control while impaired.
At the trial, Toronto Criminal Lawyer Nicholas Charitsis argued that Mr. CV had no intention of putting his vehicle into motion.
Mr. Charitsis submitted that the call to police was made at 9:57pm and police didn’t arrive on scene until 10:06pm-10:12pm. Charitsis argued that if the accused was in fact going to drive he would have made that decision and driven away in the 9-15minutes prior to the police arriving at the scene.
The Crown counsel argued that because the accused was so impaired, there was a risk or danger that the accused might have changed his mind and put the vehicle in motion. The crown attorney argued that the public was only spared because the police arrived just in time.
In cross examination of the police officers defense lawyer Charitsis established that the police did not do a thorough investigation of the vehicle.
Defense Lawyer Charitsis asked the police officer “Did you do a walk around the vehicle to inspect it for any damages?”; the officer answered “No”; Charitsis then asked the officer if he recalled that the rear passenger side tire of the vehicle had a flat.
The police officer could not say for sure whether it did or didn’t. Defense lawyer Charitsis then made submissions stating that is was not possible for the vehicle to be put in motion, therefore there was no risk of danger to the public. The accused also testified at the trial and gave evidence about the condition of his vehicle and confirmed that he had a flat tire.
The accused stated that he went into his vehicle to seek refuge from an argument he just had with his wife and admitted that he was consuming alcohol and listening to music in his vehicle to cool off.
Justice Keaney agreed that the crown did not prove the charge of Care and Control while Impaired beyond a reasonable doubt and found the accused not guilty believing that there was no intent to drive by the accused.
Case dismissed – no intent to drive