The defendant was charged with impaired (by drug) care and control of an automobile.
The court assessed whether the defendant was in care and control of the vehicle and whether their ability to operate a motor vehicle was impaired by drugs.
The court found that the defendant was in care and control based on the presumption in Section 320.35 of the Criminal Code and the realistic risk of danger.
The court also found the defendant's ability to operate a motor vehicle was impaired by narcotic analgesics, relying on observations from a bank employee, police officers, and the detailed 12-step evaluation by a Drug Recognition Evaluator (DRE), whose expert opinion was accepted.
The defendant was found guilty.
