The accused was charged with being in care or control of a motor vehicle while impaired by alcohol.
The Crown established that the accused's ability to operate the vehicle was impaired, with a projected blood alcohol level between 70 to 125 mgs/100ml.
The sole issue was whether the accused was in care or control of the vehicle.
Although the accused occupied the driver's seat, triggering a statutory presumption of care or control, the court found the accused successfully rebutted this presumption.
The accused testified he sat in the driver's seat to wait for his mother to fall asleep after a family dispute, keeping the door open to smoke and avoid using the ignition.
The court accepted his evidence as logical and consistent with circumstantial evidence, finding no realistic risk of danger and no evidence of intent to set the vehicle in motion.
The charge was dismissed.
