What is the risk of dangerous driving when an intoxicated individual uses a mobility scooter for non-driving purposes?
Ontario, Canada
The following excerpt is from R. v. Castro, 2015 ONCJ 660 (CanLII):
[87] In Regina v. Smits, supra, the court considered the various manner in which the risk of danger can arise and noted that an individual in an intoxicated state can create a risk when using a vehicle for non-driving purposes by: • the risk that the vehicle will unintentionally be set in motion; • the risk that through negligence a stationary or inoperable vehicle may endanger the individual or others; and, • the risk that the individual who has decided not to drive at all will change his or her mind and drive while still impaired.
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