If a drunk person falls asleep in a parked vehicle, is it impaired driving? It might depend on who you ask, and which province you’re in when the incident happens.
The ruling last week in the Ontario Court of Justice, R. v. Toyota, should help lawyers handling impaired driving offences. The decision addresses the risk-of-danger element of care and control of a vehicle in the Criminal Code.
Justice Alan D. Cooper ruled that defendant Ryan Toyota was not guilty of a crime for falling asleep in a parked vehicle outside a housing complex in Burlington, Ont. in February 2015, with the engine running and the exterior lights on. Court heard Toyota was drunk but planned to stay at a friend’s house, and only slept in the vehicle because he was locked out of the home.