Quote:
Originally Posted by Johnny199r
It's very hard to get a conviction on care and control charges these days. If the keys aren't In the ignition and the accused states he had an alternative plan to get home, he won't be convicted. Hell, it's hard enough to get a conviction with the keys in the actual ignition as long as the accused says he was waiting for a cab, a friend to pick him up or he was just sleeping.
There's a case from the Supreme Court called Boudrealt that came out a while ago that makes it pretty near impossible to be convicted of care and control.
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My situation would have happened in 95 or 96, so maybe a lot has changed since then. That's a good thing. The fact a police officer made a 21 year old barely able to walk, guy, walk about 10 kms along high traffic streets, is a lot more irresponsible than that guy realizing there was no way he should be driving.
I'm glad there is a precedent now, but you shouldn't be forced to fight it in court, when you made a responsible decision in the first place.