In the present case there is evidence to support a finding that not only did the officer believe that the accused had been driving but also that he was in care or control and both while impaired or, in other words, that the accused had committed or was committing an offence under s. 234. The possibility that the accused in Regina v. Canetone may have been in care or control does not appear to have been considered in that case. However, it may well be that the factual situation there did not lend itself to a finding that the accused was in care or control and that it was only necessary to determine whether the accused had been driving.
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