The defendant was charged with two offences: having care or control of a motor vehicle while impaired by alcohol and while his blood alcohol level exceeded the legal limit.
The defendant admitted to being impaired and having a blood alcohol level over the legal limit.
The sole issue was whether the defendant had care or control of the motor vehicle.
The defendant entered his truck after declining a driving service, sat in the driver's seat, then moved to the passenger seat while waiting for another driving service to arrive.
The court found that the defendant had a concrete plan to obtain a ride home through a driving service and would not have changed his mind about driving.
The charge was dismissed.
