The accused was charged with care or control of a motor vehicle with an excessive blood alcohol level contrary to section 253(1)(b) of the Criminal Code.
The accused claimed he was in his parked car in a private lot behind his apartment building to smoke, having moved it only to access a Wi-Fi signal.
He fell asleep in the driver's seat with the engine running.
The court found that the accused occupied the driver's seat, triggering a rebuttable presumption of care or control under section 258(1)(a).
The accused failed to rebut this presumption on a balance of probabilities.
The court also found that even absent the presumption, a real risk of danger existed given the circumstances.
The breath tests were taken approximately 1.5 hours after the alleged offence, raising concerns about compliance with the "as soon as practicable" requirement, but the court found the delay was reasonable in all the circumstances.
The accused was convicted.
