The defendant was charged with Impaired Care or Control of a motor vehicle, Over 80 Care or Control of a motor vehicle and Breach of Undertaking. The judge dismissed the Impaired and Over 80 charges after a trial. The judge accepted that the defendant was impaired when observed by the police. However, the police observed the defendant in his motor vehicle after a single motor vehicle accident. The judge was satisfied that the defendant had no intention of driving the vehicle any further nor was there a risk that the vehicle could be set in motion because the vehicle had become immovable as a result of the accident. Since there was no danger posed by the defendant being in his vehcile at that time, the judge found that the prosecution had not proven its case and, as a result, he dismissed both charges. After making this finding, the prosecutor withdrew the Breach charge.
