The accused was found intoxicated in the driver's seat of a damaged motor vehicle parked in a gas station lot.
He was charged with care or control of a motor vehicle while impaired and excess blood alcohol.
The central issue was whether the Crown proved care or control beyond a reasonable doubt.
The court found that the statutory presumption under section 258(1)(a) of the Criminal Code applied, as the accused occupied the driver's seat while intoxicated.
The accused failed to rebut the presumption on a balance of probabilities.
The court also found that even if the presumption had been rebutted, the Crown proved actual care or control beyond a reasonable doubt based on the realistic risk of danger presented by the accused's conduct and circumstances.
Verdicts of guilty were entered on both counts.
