The appellant appealed her summary conviction for having care or control of a motor vehicle while impaired.
She was found intoxicated in the driver's seat of her running vehicle after an argument with her boyfriend.
The trial judge found she failed to rebut the presumption of operation and that there was a realistic risk she would set the vehicle in motion.
On appeal, the appellant argued the trial judge engaged in speculative reasoning and misapprehended the evidence.
The Superior Court of Justice dismissed the appeal, finding the trial judge's inferences were reasonable, grounded in the evidence, and that the reasons for judgment were adequate.