What is the test for having care or control of a motor vehicle while one's ability to drive is impaired?
British Columbia, Canada
The following excerpt is from R. v. Baxmann, 2009 BCPC 255 (CanLII):
The actus reus of the offence of having care or control of a motor vehicle while one's ability to drive is impaired is the act of assumption of care or control when the voluntary consumption of alcohol has impaired the ability to drive: The Queen v. Toews (1985), 1985 CanLII 46 (SCC), 21 C.C.C. (3d) 24 (S.C.C.) at 28 per McIntyre J.
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