A client accused of care and control of a motor vehicle is acquitted following his trial
Valleyfield, September 2018.
Policemen found Me Morin's client asleep, seated in the drivers' seat of his car, which was parked on the shoulder of highway 40. The motor was still running. Once they saw that the accused had symptoms related to alcohol or drug consumption, they ordered him to go throught the alcohol detection procedure and found that he was over the legal limit.
During the trial, the defense established that the defendant was alone in his car because his designated driver got into an argument with him, stopped the car, and left him there. The defendant then had to come up with a plan that would make sure that he didn't drive while his faculties were impaired, and that he would not represent a realistic risk for anyone on the road. As he didn't have a working cell phone, the defendant decided to sleep until he no longer felt any effect of alcohol and until he was well rested before he would head back home.
The trial judge listened to the 5 witnesses and the pleadings of both lawyers before he concluded that the defendant had to be acquitted in these circumstances.