Client charged with impaired care or control of a motor vehicle. Client was unable to smoke in his residence. Accordingly, the client (who was highly intoxicated) went out to his vehicle  to smoke and speak on his cell phone. He started his vehicle to stay warm and to listen to music.

Held: Crown withdrew all charges. 

The client did not intend to drive, and given that he was parked in his apartment parking lot, there was no public danger associated him being in his running vehicle while in an intoxicated state.