TORONTO — A drunk man found sleeping behind the wheel of his idling parked truck has lost his bid to take his impaired driving conviction to Ontario's top court.
In a decision Wednesday, the Ontario Court of Appeal rejected plans by Hugh O'Neill to argue he had only started the engine to keep warm and had no intention of driving.
O'Neill was found behind the wheel in the early hours of a December morning parked in a lot outside an industrial building in London, Ont. Court documents show a police officer had difficulty waking him. His blood-alcohol level was well in excess of the legal limit. He was convicted at trial. An initial appeal was dismissed.
O'Neill argued at trial that friends had driven him back to his truck after a night of drinking and he climbed in with the aim of sleeping until he was sober. He testified he had woken during the night, got out to relieve himself, and then got back in. At that point, he said, he had started the truck to keep warm and fell asleep again.
However, he insisted he planned to go get breakfast in the morning before driving to work.
![](https://media.darpanmagazine.com/library/uploads/news/content/arested1#</div>
<div>
</div>
<div>
at his trial, o'neill took issue with the application of a section of the criminal code that assumes that someone in the driver's seat is deemed to have care or control of the vehicle unless they can show they had no intention of setting the vehicle in motion.</div>
<div>
</div>
<div>
the trial judge sided with the prosecution that the presumption applied — and that he had failed to rebut it.</div>
<div>
</div>
<div>
on his initial appeal, he argued his evidence could have supported the conclusion that he had no intention to drive until he had sobered up. the summary appeal judge rejected his view that his intention to drive later did not automatically rebut the legal presumption that he had care and control of the truck when he was found drunk.</div>
<div>
</div>
<div>
in declining to hear the case, the appeal court noted leave to challenge a decision on a question of law and is granted sparingly and that his grounds were weak.</div>
<div>
</div>
<div>
"(o'neill) did not satisfy the trial judge that it was his intention to leave the vehicle and to walk to some unidentified place for breakfast," the appeal court said.</div>
<div>
</div>
<div>
"(his) evidence on this point was ambiguous at best, and he has identified no palpable and overriding error in the trial judge's assessment of that evidence."</div>
<div>
</div>
<div>
.jpg)
MORE National ARTICLES
Sorry, Wrong Province: Cellphone Error Sends N.B. Fire Truck To P.E.I. Fire
A garage was razed by fire after its owner's 911 call got picked up by a cell tower in neighbouring New Brunswick, where dispatchers erroneously sent firefighters to a similar address in that province.
Sorry, Wrong Province: Cellphone Error Sends N.B. Fire Truck To P.E.I. Fire
Manitoba Liberal Candidate Says Closing Hospitals Would Cut Wait Times
A Liberal candidate in the Manitoba provincial election says health- care wait times could be reduced if some hospitals were closed.
Manitoba Liberal Candidate Says Closing Hospitals Would Cut Wait Times
30 Years After Hatfield Scandal, N.B. Premier Embraces Marijuana Industry Jobs
Brian Gallant announced almost $1 million in potential funding for a medical marijuana company, OrganiGram, that aims to tap into the recreational market if the federal government decriminalizes the drug as expected.
30 Years After Hatfield Scandal, N.B. Premier Embraces Marijuana Industry Jobs
SPCA Hopes K9 Units In B.C. Meet Police Challenge As Bills Climb For Seized Dogs
The Vancouver branch of the SPCA is hoping a donation challenge from the canine unit at the Vancouver Police Department pays off for the organization.
SPCA Hopes K9 Units In B.C. Meet Police Challenge As Bills Climb For Seized Dogs
Canada-Wide Warrant Issued For Arman Dhillon In Shooting Death Outside Edmonton Bar
He’s facing 21 charges including first-degree murder, aggravated assault, and attempted murder.
Canada-Wide Warrant Issued For Arman Dhillon In Shooting Death Outside Edmonton Bar
UBC Faculty Vote No Confidence In Board Over Handling Of Arvind Gupta's Resignation
A week-long electronic ballot closed Tuesday with 800 faculty association members voting in favour and 494 members voting against. There were 3,357 eligible voters