Two police officers spotted a vehicle in the parking lot of a bar and found a person sleeping in the driver's seat without seat belt, keys in the ignition and the radio playing. This person demonstrating obvious signs of intoxication, they have put him under arrest and brought him to the police station to proceed to an alcohol test. After contacting his lawyer, the accused admitted that he was under the influence of alcohol and claimed never to have intended to drive his vehicle since he was suppose to join his wife the next morning at the restaurant in front of the bar where he had decided to spend the night in his car.

The Court states that it is not enough to show that the accused did not intend to leave with his vehicle, as this is not a defense since it is the possibility of leave and to move the vehicle while intoxicated constitues the concept of custody and control.

The Court of Quebec ruled in this case that a person charged with having care and control of a vehicle while he was under the influence of alchool may rely on a defense based on the existence of a well-arrested for not breaking the law and it was possible for the accused to show that there was no chance to take control of his car because he had a clear plan and well thought by sleeping in his warm vehicule and then to leave on foot the next morning, which is a valid defense to acquit the accused.

Note that this jurisprudence does not make unanimity among judges and different decisions were made in similar cases.