The accused was charged with impaired care or control of a motor vehicle and care or control with excess alcohol following a collision with a road sign on January 13, 2013.
The accused struck a street sign on a raised median while driving, then parked his vehicle on Sonoma Boulevard where he was found asleep by police approximately four hours later with breath readings of 180 and 184 mg/100ml.
The defence argued the accused had rebutted the statutory presumption of care or control by establishing he had returned to the vehicle only for shelter after attempting to walk home in the rain.
The court rejected the accused's evidence as internally inconsistent and implausible, finding he had not rebutted the presumption and was guilty on both counts.
