The accused was found in the driver's seat of his idling vehicle in a dealership parking lot after consuming alcohol.
He testified that he had driven to the dealership to drop off his car for servicing, arranged for a friend to pick him up, and then went to a bar before returning to wait in the running car to stay warm.
The Crown conceded the accused rebutted the statutory presumption of operation.
Applying the Boudreault framework, the court found the accused had a concrete and reliable alternate plan to get home and that there was no realistic risk of danger that he would change his mind and drive.
The accused was acquitted of operating a motor vehicle with a blood alcohol concentration exceeding the legal limit.
