The defendant was charged with care or control of a motor vehicle over 80 milligrams of alcohol per 100 millilitres of blood and refusal to provide a breath sample.
Police found the defendant sleeping in his vehicle with the engine running in a parking lot.
The Crown called an arresting officer and a qualified technician.
The defendant testified that he consumed three beers, received a call from his wife advising against driving, and decided to sleep in his vehicle until he felt better.
The court found the defendant was in care or control of the vehicle but acquitted on both charges due to reasonable doubt regarding impairment and the refusal charge.
