The accused was charged with having care or control of a motor vehicle while impaired by alcohol and while having excess alcohol in his system.
The accused was found in the driver's seat of his vehicle, intoxicated, with the vehicle stopped in the middle lane of eastbound traffic on Sheppard Avenue East at Don Mills Road at approximately 2:00 a.m.
The Crown's case was that the accused had care or control of the vehicle.
The defence argued that the accused's girlfriend had been driving and that the accused was placed in the driver's seat by his girlfriend while she cleaned up vomit, and that he was waiting for his father to pick them up.
The trial judge found that although the accused did not drive the vehicle to the location, he engaged in a course of conduct associated with the motor vehicle that posed a realistic risk of danger to persons or property, thereby establishing care or control under the third route identified in case law.
The accused was found guilty on both counts, with the impaired care or control charge stayed to avoid double punishment.
