Impaired driving care & control means:
- that the driver had the control of a motor vehicle,
- their ability to drive was impaired, or “changed” due to the consumption of alcohol or a drug,
- but the driver may not have been found “actually driving” when investigated by the police.
The police may have found the accused sitting or stopped in a motor vehicle and the police officer has formed the opinion that the driver’s ability was impaired due to an alcoholic beverage or drug.
Many times people arrested for care & control thought that they were doing the right thing,
- by not driving,
- waiting for the effects of the alcohol to dissipate
- or trying to “sleep it off”
- while sitting in their vehicle.
The criminal courts believe that if someone is sitting in a motor vehicle they have the care and control of it. If their ability to drive is impaired then there is a risk to the public.