A recent incident has the Brockville Police reminding the public not all impaired charges are for driving a vehicle.
Brockville Police Services says officers came in contact with a 30-year-old local male, who was wearing a vest identifying himself as a member of an outlaw motorcycle club. Police approached the man in the Center area of the city because he was on the road and appeared to be having mechanical issues with his motorcycle. While speaking with the man officers detected the smell of alcohol on his breath.
According to Brockville Police a roadside breath test was administered and registered a fail. More tests were given and they determined the man was one and a half times the legal limit. The man was arrested, charged with care and control of a motor vehicle while impaired and released with a future court date.
Care and control of a motor vehicle while impaired is the charge used by police when an intoxicated person is impaired and near a vehicle with the means to drive it. For example; an individual sleeping in their car after a night of drinking could be charged with care and control of a motor vehicle while intoxicated if the keys to the vehicle are on their person. In the case of care and control of a motor vehicle police look for “an intentional course of conduct associated with a motor vehicle by a person whose ability to drive is impaired, or whose blood alcohol exceeds the legal limit, in circumstances that create a realistic risk of danger to persons or property”.
