The defendant was charged with impaired driving and exceeding the legal blood alcohol limit (80 mg/100 mL) while in care or control of a motor vehicle on March 3, 2010.
Police found the defendant asleep in the driver's seat of a running BMW in a bar parking lot.
The defendant was arrested and subjected to breath testing, which revealed readings of 155 and 159 mg/100 mL.
The defendant challenged the arrest, the breath testing procedures, and the presumption of care or control.
The court rejected all challenges and found the defendant guilty of both offences.
The impaired count was conditionally stayed.
