Quote:
Originally Posted by GordonBlue
in the criminal code interpretations, I found this:
motor vehicle means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment.
so you can be as drunk as you want in a manual wheelchair, but you could be charged in a mobility scooter. best to just ride the old ten speed if drunk.
I doubt a cop would charge you, though. maybe just give you a ticket for being intoxicated in public?
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The new definition of conveyance includes a motor vehicle, vessel, aircraft and railway equipment.
This Ontario case dealt specifically with the issue of operating a mobility scooter while impaired including arguments under section 15 of the charter:
https://www.canlii.org/en/on/oncj/do...07oncj242.html
I suppose this guy blowing 0.328 might have been a deciding factor in the police proceeding with the charge but from the analysis the court did here it is clear cut that such devices are motor vehicles under the criminal code.