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DUI does car have to be running to be charged

Add or Edit a General Definition of this Concept           All Cases

What is meant by care or control of a motor vehicle?

Does the engine have to be running to be in care or control?

Do the keys have to be in the ignition to be guilty of impaired care or control?

In Canada a person can be in deemed care or control simply by sitting in the driver's seat. See the section 258(1)(a) presumption:

(a) where it is proved that the accused occupied the seat or position ordinarily occupied by a person who operates a motor vehicle, vessel or aircraft or any railway equipment or who assists in the operation of an aircraft or of railway equipment, the accused shall be deemed to have had the care or control of the vehicle, vessel, aircraft or railway equipment, as the case may be, unless the accused establishes that the accused did not occupy that seat or position for the purpose of setting the vehicle, vessel, aircraft or railway equipment in motion or assisting in the operation of the aircraft or railway equipment, as the case may be;

But this isn't the only kind of care or control. There is also care or control in fact where the accused has some sort of connection with the fittings on the car.  

 

 

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DUI Law: Words, Concepts, Issues, Terminology, and Ideas

DUI Law: Information For Expression and Peer Review by Law Students, Articled Clerks, and Students-at-Law

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This DUI Law page is for expression by students of law and forensic science in understanding and peer reviewing important DUI Law: concepts, words, issues, and ideas. This site is not intended to provide DUI legal advice to the public. Members of the public with DUI law questions should consult and retain a DUI lawyer or attorney for proper legal advice. Because this information comes from many sources who may not be DUI law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.

 

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For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. The participants do not practice in association. WARNING: All information contained herein is provided by students of the law for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

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