The Crown appealed the accused's acquittals on charges of impaired driving and driving over the legal limit.
The trial judge had found that the accused was not in 'care or control' of his vehicle because it was mechanically inoperable after breaking down in a live lane of traffic.
The Superior Court of Justice allowed the appeal, finding the trial judge committed a palpable and overriding error by failing to recognize the realistic risk of danger posed by an intoxicated person remaining in the driver's seat of a vehicle stranded in a live lane of traffic.
Findings of guilt were entered and the matter was remitted for sentencing.
