R. v. MacKay

R. v. MacKay

Sitting in the driver’s seat on a public roadway with the ignition on while intoxicated afforded the accused present ability and created a real risk of setting the vehicle in motion; that established care and control and the Crown proved care and control beyond a reasonable doubt.

Citation
2003 NSPC 54
Parties
Crown: R.; Accused: Eric MacKay
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 November 2003
Procedural Posture
Criminal Impaired Driving (care and Control) / Provincial Court Trial Decision (guilty)
Outcome
Guilty
Legal Topics
Care and Control, Impaired Driving, Breath Samples, Police Demand, Present Ability Doctrine
Source Language
English
Criminal Law Road Traffic Offences Evidence Care and Control Impaired Driving Breath Samples Police Demand Present Ability Doctrine

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Parties

R.

Crown

Eric MacKay

Accused

Procedural Posture

Criminal Impaired Driving (care and Control) / Provincial Court Trial Decision (guilty)

Legal Issues

  1. 1 Whether the accused had care and control of a motor vehicle while intoxicated
  2. 2 Whether police had grounds to demand breath samples
  3. 3 Whether sitting in the driver's seat with ignition on constitutes present ability to set the vehicle in motion

Ratio Decidendi

Sitting in the driver’s seat on a public roadway with the ignition on while intoxicated afforded the accused present ability and created a real risk of setting the vehicle in motion; that established care and control and the Crown proved care and control beyond a reasonable doubt.

Court Disposition

Guilty

Orders

  • Accused found guilty of care and control of a motor vehicle while impaired
  • Breath sample readings admitted showing 210 mg/100ml and 220 mg/100ml