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
Former Justice Minister Jonathan Denis's Ex-wife Says She Did Not Write Emails Withdrawing Accusatio
CALGARY — A dispute between a former Alberta politician and his ex-wife that erupted during last year's provincial election campaign has flared up again following their divorce.
Former Justice Minister Jonathan Denis's Ex-wife Says She Did Not Write Emails Withdrawing Accusatio
House Of Commons To Hold Emergency Debate On First Nation Suicide Crisis
OTTAWA — The Speaker of the House of Commons has agreed to allow an emergency debate on the suicide crisis playing out in Attawapiskat First Nation as well as other communities.
House Of Commons To Hold Emergency Debate On First Nation Suicide Crisis
CRTC May Not Enforce Basic Internet Speed Or Service Levels: Blais
GATINEAU, Que. — Canadians may want fast Internet access everywhere in the country but that doesn't mean it will be guaranteed by Canada's telecom regulator.
CRTC May Not Enforce Basic Internet Speed Or Service Levels: Blais
90-Year-Old Elena Griffing Has No Plans To Leave Job She's Had For 70 Years
Talk about a loyal employee: Elena Griffing has just celebrated her 70th year working for the same San Francisco Bay Area hospital, and she has no plans to retire anytime soon.
90-Year-Old Elena Griffing Has No Plans To Leave Job She's Had For 70 Years
Canada's Morneau Shepell, India's 1To1Help.Net Form Employee Assistance Alliance
Morneau Shepell Inc. has formed a strategic alliance with India's leading provider of employee assistance programs.
Canada's Morneau Shepell, India's 1To1Help.Net Form Employee Assistance Alliance
Kelowna, B.C., Woman Set To Collect $50-million In Lotto Max Winnings
B.C. Lottery Corporation confirms the winner is Kelowna resident June Bergh.