Facts: At 1:32 am officers observed two visibly intoxicated females leave a restaurant in Gastown and walk across the street to a Range Rover. The car was opened by a key fob. One female entered the passenger side. The other, ND, tripped at the rear of the vehicle and then entered the driver’s side and put her seatbelt on. The officer stopped the vehicle from leaving. A defence was provided by several written statements that indicated that ND had actually called a cab before she left the restaurant and was merely waiting in her car for her gentleman friend to pay the bill and join them. Decision: The SMV found on the appeal that they could NOT be satisfied that ND was a driver (or in care and control of the vehicle) within the meaning of section 215.41 of the Motor Vehicle Act . Driving prohibition revoked, no fine imposed, all towing and impound fees paid by the SMV. (January 2011)
