Unofficial information about this Ontario legislation is provided by the following attorney:
Criminal Code of Canada , section: 253
Substantive DUI/Excess Alcohol Offense, Impaired Driving/Over 80
253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Comments : Important issues include: "operates", "motor vehicle", "care or control", "impaired". See also "evidence to the contrary" in s. 258.
This section creates 4 offences: impaired operation, impaired care or control, over 80 operation, and over 80 care or control.
It is usually easy for the Crown to convince the Court that a person mistakenly charged with one of the care or control offences can be convicted if the evidence proves operation (driving) or that a person mistakenly charged with one of the operation offences can be convicted if the evidence proves care or control.
This is not the official web site for the Ontario legislature.
|"Care or Control"|
|"Evidence to the Contrary"|
|R. v. Stellato|
OntarioCriminal Code of Canada 253 Substantive DUI/Excess Alcohol Offense, Impaired Driving/Over 80