The accused was charged with having care and control of a motor vehicle while impaired and over 80 milligrams of alcohol per 100 milliliters of blood.
The trial examined whether the accused, who was found sitting in the driver's seat of a running vehicle in a parking lot behind a bar, had the requisite care and control.
The accused testified he entered the vehicle solely to charge his dead cell phone using the vehicle's aftermarket stereo, with no intention to drive.
Corroborating witnesses testified the accused had arranged alternative transportation.
The court found the accused successfully rebutted the statutory presumption of care and control under section 258 of the Criminal Code and that the Crown failed to prove beyond a reasonable doubt that a realistic risk of danger existed.
The accused was acquitted on both charges.
