Legal information capsules| Criminal traffic offenses |
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The respondent after consuming a large amount of alcohol, decided not to drive his car and call an escort service. He chose to wait for him in his car, sitting in the place for the driver, the engine running. The police found and arrested after he was found drunk.
The Court of Appeal slice that in enacting section 253 CC, the legislature intended to keep people drunk in their car and discourage them from placing themselves in a situation where they might bring it on. In this case, this risk exists given the advanced state of intoxication of the respondent, which was over three times the legal limit and was likely to greatly affect his decision if he woke up. Finally, the. Case raises no question of fact; the Court is entitled to replace the acquittal with a conviction rather than ordering a new trial. J.E. 2011-1959 |