The accused was charged with having care or control of a motor vehicle while impaired by alcohol.
She was found intoxicated in a mall parking lot near her vehicle.
The court found the Crown did not prove she occupied the driver's seat, so the statutory presumption of care or control did not apply.
However, applying the Boudreault framework, the court found a realistic risk of danger that the accused would change her mind and drive, given her level of intoxication, possession of keys, and lack of a concrete alternative plan.
The accused was found guilty.
