The defendant was charged with having care or control of a motor vehicle while impaired by alcohol and with having care or control of a motor vehicle with a blood alcohol level exceeding 80 milligrams per 100 millilitres of blood.
The defendant was found sitting in the driver's seat of a parked vehicle at 3:11 a.m.
The Crown relied on the statutory presumption of care or control under s. 258(1)(a) of the Criminal Code.
The defendant testified that he had driven to a bar with the plan to take an Uber home if he drank, that he had lost his car key while attempting to retrieve his personal belongings from the vehicle, and that he had no intention to drive.
The court found that the defendant had rebutted the presumption and that the Crown had not proven beyond a reasonable doubt that there was a realistic risk of danger.
