R. v. Pilon

131 C.C.C. (3d) 236

Facts

ON CA

seated in the driver's seat of a pick-up truck across from a licensed establishment.. appeared to be unconscious or sleeping...sitting with his head tilted back towards the head-rest with his eyes closed...constables requested several times that he open the door and he eventually complied...glassy eyes, his speech was slurred, and his movements were very awkward. In addition, there was a strong odour of alcoholic beverage emanating from his breath. The keys to the vehicle were on the floor directly below the driver's seat, between the appellant's feet...he testified that when he entered the vehicle he was not going to drive but was going to "sleep it off" and that "[if] I woke up at 5:00 then I was going to go home" and then to work

Reasons

ON CA

the facts as found by the trial judge and admitted by the appellant, show "some course of conduct associated with the vehicle which would involve a risk of putting the vehicle in motion so that it could become dangerous".

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