M. Rother

The accused was charged with care and control of a motor vehicle while impaired.

He was found in the early morning hours sitting in a car on the side of the road with all four tires flat, waiting for his father to pick him up.

The Crown proved impairment beyond a reasonable doubt based on observations of slurred speech, disorientation, bloodshot eyes, odour of alcohol, and breath test results exceeding the legal limit.

However, the court found that the presumption of care and control under s. 258(1)(a) of the Criminal Code was rebutted because the vehicle was inoperable and could not be driven.

The Crown failed to establish de facto care and control by proving a realistic risk of danger, as the vehicle was in a well-lit area, the road was not busy, and the vehicle's lights were on.

The charge was dismissed.

The accused was charged with operation of a motor vehicle while impaired by alcohol.

He was found passed out in the driver's seat of a parked vehicle with the key in the ignition.

The accused conceded impairment but argued he was not in care or control of the vehicle because he had arranged for a friend to pick him up.

The court found that while the accused may have initially intended not to drive, his high level of intoxication, confused state, weak explanations for his conduct, and demonstrated willingness to manipulate the gear shift when police arrived established a realistic risk he would change his mind and operate the vehicle.

The court convicted the accused.