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Impaired – Care and Control

There are occassions where there is no evidence of driving, but the situation makes it clear that the driver had driven the vehicle in the recent past or was about to drive the vehicle in the near future.  Police will NOT want to penalize a driver who makes the choice to wait in their vehicle for their blood alcohol to go down to legal limits.

  • Were the keys in the ignition?
  • Was the engine on?
    • If the engine was off, was the engine hot from recent operation
    • what were the weather conditions?
    • Was the engine on to use climate control?
      • what were the settings on the climate control?
  • Was the transmission engaged?
  • Is there evidence the driver was using the brakes (lights were on and off)
  • Where was the vehicle stopped?
    • roadway or private parking
  • Were there signs the driver was sleeping or resting in the vehicle
    • seats reclined
    • sitting in passenger seat

 

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