The accused was charged with care or control of a motor vehicle while impaired by alcohol and with having an excessive concentration of alcohol in her blood while in care or control of a motor vehicle.
The accused did not dispute that her ability to operate a motor vehicle was impaired and that her blood alcohol concentration exceeded the legal limit.
The defence argued that the Crown failed to prove the accused was in care or control of the vehicle at the time of observation.
The court applied the test from R. v. Boudreault and found that the Crown proved beyond a reasonable doubt that the accused created a realistic risk of danger and was therefore in care or control of the vehicle.
The court convicted on both charges.
