The accused was charged with impaired operation and excess blood alcohol after his vehicle was found stuck in a ditch.
The accused claimed he was not the driver and only occupied the driver's seat to try to extricate the vehicle while his friend pushed.
The court rejected the accused's testimony as untruthful, finding he was the driver based on his initial statements to police.
Alternatively, the court found the accused had care or control of the vehicle by occupying the driver's seat with the intention of setting it in motion, thereby failing to rebut the statutory presumption of operation.
The accused was found guilty on both counts.
