The Crown charged the defendant with impaired driving and driving with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.
The defendant was found slumped over the steering wheel of a running vehicle in a parking lot.
The Crown established that the defendant occupied the driver's seat of a running motor vehicle with a blood alcohol concentration exceeding the legal limit.
The defendant's evidence that he did not intend to drive and was merely waiting for a ride was rejected as not credible.
The court found the defendant guilty of impaired driving and stayed the over 80 charge pursuant to R. v. Kienapple.
