Does the intention not to drive afford a valid defence to a charge of care or control ?

7. In Ford v. the Queen, the issue was analogous, “did the intention not to drive afford a valid defence to a charge of care or control ?”. Here the accused was at a party, had on several occasions because of the cold weather, entered and started his vehicle. He had, however, made arrangements for someone else to drive him home because of his impaired condition. When the police arrived, he was behind the steering wheel with the motor running, and there were several other people in the vehicle. The accused was able, on a balance of probabilities, to rebut the presumption of s. 237 (1)(a) as it was then worded, ie. he did not enter or mount the vehicle with the intention of putting it in motion.