The accused was charged with impaired operation of a motor vehicle and operation with a blood alcohol concentration exceeding the legal limit.
The accused was found in the driver's seat of her truck in a ditch with the engine running and her hands on the steering wheel.
The accused claimed she entered the vehicle only to charge her cell phone after waiting approximately six hours for a friend to help extract the vehicle from the ditch.
The court found the accused's account lacked credibility and determined that she failed to rebut the statutory presumption of care and control under section 258(1)(a) of the Criminal Code.
The court also found that even if the presumption had been rebutted, the Crown proved actual care and control beyond a reasonable doubt based on the realistic risk of danger.
