In this impaired driving case, the accused is found parked on a highway just outside the city of Winnipeg by the RCMP. He was asleep in the driver seat of his vehicle and intoxicated. The RCMP placed him under arrest. He was charged with impaired driving by being in care and control of a motor vehicle. If found guilty of impaired driving at trial the accused would have received a minimum fine of $1000, a driving prohibition for 12 months, and a criminal record.
At trial the Crown relied upon the statutory presumption that anyone seated in the driver seat while intoxicated are deemed to have care and control. The Crown also attempted to produced evidence that the accused was creating a risk of danger to the public.
The Crown tried to prove their impaired driving case, but the accused was found not guilty…
During the cross-examination of the police officers they agreed that the accused was intending to not do anything but sleep. The defence also produced evidence to show the accused had altered the seat. This alteration made it impossible for the motor vehicle to be put into motion. In closing arguments, Joshua Rogala argued the presumption of care and control was rebutted, and that there was no risk of danger from the vehicle being put into motion. The court agreed and found the accused not guilty.