CARE OR CONTROL - WAITING FOR A TAXI WITH THE KEYS ON THE CONSOLE = CONVICTION APPEAL ALLOWED AND NEW TRIAL ORDERED

Mr. Yorston left a bar to wait for his ride, but got cold and decided to go wait in his vehicle. When he got in his vehicle, he put the keys on the console, sat, and waited. The police found him in his vehicle and arrested him for having care and control of a motor vehicle while impaired by alcohol. The trial judge found that, while Mr. Yorston did not intend to drive when he got into the vehicle, he could have accidentally set the vehicle in motion, and convicted him. The Alberta Court of Appeal allowed his appeal and ordered a new trial. R. v. Yorston, 2013 ABCA 309