Man allegedly asleep in car charged with impaired driving

Published on February 3, 2016
RNC news 9

If you drink or use drugs and decide to take a nap in a vehicle, you can still be charged under the Highway Traffic Act with impaired driving.

One 33-year-old man was charged with impaired driving Tuesday, along with other related traffic act violations after the Royal Newfoundland Constabulary received a call around 5:20 p.m. of an impaired driver in the centre of St. John's.

Upon arrival, the RNC said police officers located a man asleep in a vehicle.

Through the investigation, the man was charged with impaired driving, driving while prohibited, driving while suspended, breach of two court orders and possessing stolen property.

The accused was held at the city lockup overnight to appear in court this morning.

Section 60.02 of the Highway Traffic Act allows RNC to charge a person with impaired driving, even if they are asleep in a vehicle, because they still have "care or control of that vehicle."

Here's the section:

Request for surrender of driver’s licence at roadside

60.02 Where a peace officer has reasonable grounds to believe that the ability of a

             (a)  driver of a motor vehicle;

             (b)  person who has care or control of a motor vehicle;

             (c)  novice driver of a motor vehicle; or

             (d)  novice driver who has care or control of a motor vehicle

to operate a motor vehicle is impaired by a drug, or a combination of a drug or alcohol, the peace officer shall request the person referred to in paragraph (a), (b), (c) or (d) to surrender his or her driver’s licence and that person shall immediately surrender his or her driver’s licence.