What is the impact of a motor vehicle accident on the driver’s ability to drive after going to sleep?
British Columbia, Canada
The following excerpt is from France v. British Columbia (Superintendent of Motor Vehicles), 2007 BCSC 1119 (CanLII):
Constable Dyck found the vehicle parked with motor running. The petitioner was “…seated in the drivers position, seatbelt on, slumped over the steering wheel, very difficult to waken…”. Although the petitioner deposes he had abandoned his intention to drive when he parked and went to sleep there was nothing that would have prevented him waking and deciding to continue driving. An analogous circumstance was recently considered in Gray v. British Columbia (Superintendent of Motor Vehicles), 2007 BCSC 655; the analysis is similar to that in regard to criminal offences as reviewed by Houghton J. in R v. Guyot, [1993] B.C.J. No. 1011.
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