citation: "R. v. Goncalves, 2018 ONCJ 570" parties: "Her Majesty the Queen v. Humberto D. Goncalves" party_moving: "Her Majesty the Queen" party_responding: "Humberto D. Goncalves" court: "Ontario Court of Justice" court_abbreviation: "ONCJ" jurisdiction: "Ontario" case_type: "trial" date_judgement: "2018-08-22" date_heard:
- "2018-03-16"
- "2018-05-04" applicant:
- "Her Majesty the Queen" applicant_counsel:
- "Matthew Morley" respondent:
- "Humberto D. Goncalves" respondent_counsel:
- "Peter Dotsikas" judge: "Richard Blouin" winning_degree_applicant: 5 winning_degree_respondent: 1 judge_bias_applicant: 0 judge_bias_respondent: 0 year: 2018 decision_number: 570 file_number: "Toronto 4817 998 17-75001082" source: "https://www.canlii.org/en/on/oncj/doc/2018/2018oncj570/2018oncj570.html" summary: > The accused was charged with care or control of a motor vehicle while impaired and over 80 milligrams of alcohol per 100 millilitres of blood. The Crown's evidence established that the accused was found slumped over the steering wheel with the engine engaged and seatbelt on. The accused conceded impairment and blood alcohol level but contested whether he had care or control of the vehicle. The trial judge found that although the accused was impaired and behind the wheel, there was no realistic risk of danger because the vehicle was properly parked with the emergency brake engaged, the transmission could not be engaged accidentally, and the accused had demonstrated his ability to make sound decisions by choosing not to drive. interesting_citations_summary: > The decision applies the Supreme Court of Canada's test from R. v. Boudreault establishing that "care