The Ontario Court of Appeal didn’t buy a drunk driver’s version of the events that saw him arrested near London, Ontario after cops found him sleeping behind the wheel of his idling parked truck.
Hugh O’Neill tried to argue that on that cold night in December of last year, after a night of drinking, he had decided to sleep things off in his vehicle. He left the car running to keep warm, but did not intend to drive. He insisted that his plan was to sleep, then grab some breakfast before heading off to work.
He had parked in the parking lot next to an industrial building.
The Criminal Code assumes that a person occupying the driver’s seat has care or control of the vehicle, unless they have evidence that proves otherwise.