Erinn M. O'Marra

The accused was found sleeping in his vehicle with the engine running in a parking lot early in the morning.

He had a blood-alcohol level of 160 milligrams per 100 millilitres of blood.

The Crown charged him with care or control of a motor vehicle while impaired.

The defence established that the accused had planned to sleep at a friend's residence but was locked out when the friend passed out.

The court found that the presumption of care or control was rebutted on a balance of probabilities and that the Crown failed to prove beyond a reasonable doubt that the accused presented a realistic risk of danger in the particular circumstances.

The accused was acquitted.

The defendant was charged with speeding, failing to surrender his driver's licence for inspection contrary to section 33(3) of the Ontario Highway Traffic Act, and obstructing a peace officer in the execution of his duty contrary to section 129 of the Criminal Code.

The defendant refused to produce his driver's licence and claimed he was under no contract with the officer.

The court found that the officer failed to comply with the "alternative identification requirement" established in R. v. Plummer, which requires that an officer must make a specific request for identification other than a driver's licence before arresting a person for failing to produce it.

Since no such request was made, the officer was not engaged in the lawful execution of his duty, and the defendant could not be convicted of obstructing a peace officer.

The defendant was acquitted of the first two charges but found guilty of speeding.