The accused was charged with impaired care or control of a motor vehicle contrary to s. 253(1)(a) of the Criminal Code and with refusing to provide a breath sample contrary to s. 254(5).
The Crown's case was that the accused was found sleeping in his vehicle against a guardrail on Highway 403.
The defence argued that the accused had been involuntarily placed in the passenger seat by a friend who was driving, and that the friend caused the collision and fled the scene.
The court acquitted on the refusal charge, finding the accused was unable to provide a proper breath sample due to his level of intoxication.
The court convicted on the care or control charge, finding that the accused's position in the vehicle and access to keys established a realistic risk he would drive while impaired.
