The Crown appealed the accused's acquittal on charges of impaired care or control and over 80.
The accused was found intoxicated in the driver's seat of a vehicle stuck in a ditch.
The trial judge acquitted the accused, finding no realistic risk of danger because the vehicle was immovable.
The Superior Court of Justice allowed the appeal, holding that the trial judge erred in law by misapplying the statutory presumption of care or control under s. 258(1) of the Criminal Code.
The court found that the accused's intention to set the vehicle in motion was established, meaning the presumption was not rebutted and a realistic risk of danger was embedded in the presumption.
A guilty verdict was entered for the over 80 charge.
