The defendant was charged with impaired care and control of an automobile and care and control with excess alcohol.
The Crown alleged the defendant had a blood alcohol reading of 160 milligrams per 100 millilitres of blood.
The defendant testified he consumed only two drinks and re-entered his vehicle solely to retrieve his phone to call a tow truck after discovering two flat tires.
The court found the defendant not credible, rejected his evidence regarding alcohol consumption and intent, and found he had been operating the vehicle within ten minutes of police arrival.
The court concluded the defendant was in care and control of the vehicle with a blood alcohol reading of 160 milligrams per 100 millilitres of blood, and that despite the flat tires, there remained a realistic risk of danger.
The defendant was found guilty on both counts, with the care and control with excess alcohol count stayed pursuant to the Keinapple principle.
