CARE OR CONTROL - "SLEEPING IT OFF UNTIL SOBER" CONVICTION UPHELD

Mr. O’Neill testified that after a night of drinking he was driven back to his truck by friends and went to sleep in the driver’s seat of the truck with the intention of sleeping it off until he was sober. He testified that his plan was to get up the next morning and “go have a coffee and some, ah you know a bagel or whatever, my usual routine” and to drive to his work site. He was convicted of impaired/over 80 while in care or control and his conviction was upheld:

As the Supreme Court observed in Boudreault, at para. 41, the intention to set the vehicle in motion “suffices in itself to create the risk of danger contemplated by the offence of care or control.” R. v. O’Neill, 2016 ONCA 307