The defendant was found passed out in the driver's seat of a parked vehicle with a running engine and breath readings of 217 and 201 mg of alcohol per 100 ml of blood.
She was charged with impaired driving and having over 80 mg of alcohol while in care and control of a motor vehicle.
The Crown conceded that the defendant's testimony discharged the statutory presumption of care and control.
The central issue was whether the Crown proved beyond a reasonable doubt that the defendant was in care and control while impaired.
The court found that the defendant had no intention to drive, had entered the driver's seat only to close the open door and subsequently became ill, and had a credible backup plan to use Uber if necessary.
The court acquitted the defendant on both counts.
