The accused was charged with Impaired and Over 80 Care or Control of a motor vehicle on January 30, 2015.
The Crown admitted the accused's blood alcohol content was 150 mg per 100 ml of blood and that she was impaired in law.
The sole issue was whether the accused was in care or control of the vehicle.
The accused testified she occupied the driver's seat to change her boots while waiting for a restaurant party to begin, not to drive.
The court found the accused rebutted the statutory presumption of care or control under section 258(1)(a) on a balance of probabilities.
However, applying the de facto care or control test, the court found the Crown proved beyond a reasonable doubt that the accused created a realistic risk of danger through her poor judgment in consuming alcohol while seated alone in the driver's seat with her keys and the vehicle in a parking lot approximately 45 minutes before her planned departure.