The defendant was charged with care and control of a motor vehicle while impaired by alcohol and with care and control of a motor vehicle with a blood alcohol level exceeding 80 milligrams per 100 millilitres of blood.
The defendant was found sitting in the driver's seat of a parked vehicle with the engine off and keys in the cupholder.
The Crown relied on a statutory presumption of care and control under section 258(1)(a) of the Criminal Code.
The defendant rebutted the presumption by establishing on a balance of probabilities that he did not occupy the driver's seat for the purpose of setting the vehicle in motion.
The court found that even if the presumption applied, the Crown failed to prove beyond a reasonable doubt that the defendant created a realistic risk of danger.
The charges were dismissed.
