The police may have found the accused sitting, stopped in a motor vehicle, or even standing near the vehicle.
Upon speaking to the driver they then formed the opinion that, the driver’s ability to drive was impaired due to an alcoholic beverage or drug and arrested them, believing:
- the driver had the care and control of a motor vehicle,
- their ability to drive was impaired due to the consumption of alcohol or a drug
Many times people 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 the vehicle. If their ability to drive is impaired, then there is a risk to the public.