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
'He Did Everything For The Art:' Toller Cranston's Final Paintings Come Home
CALGARY — The final paintings of Canadian figure-skating great Toller Cranston have returned home after his untimely death in Mexico more than a year ago.
'He Did Everything For The Art:' Toller Cranston's Final Paintings Come Home
Cocaine, Alcohol Use Can Increase Suicide Risk
Using cocaine and alcohol together at the same time can lead to an increased risk of committing a suicide, warns a study.
Cocaine, Alcohol Use Can Increase Suicide Risk
'Limited Programs' In Criminal Justice System For Aboriginals, Mentally Ill
OTTAWA — The "limited services and programs" in the Canadian justice system focused on aboriginals and the mentally ill pose obstacles to helping reduce the over-representation of both groups as offenders and victims, says an internal federal study.
'Limited Programs' In Criminal Justice System For Aboriginals, Mentally Ill
TransCanada hopes to restart Keystone on Sunday after leak in South Dakota
SIOUX FALLS, S.D. — TransCanada says it hopes to restart its Keystone pipeline on Sunday after a leak in South Dakota forced it to shut down the cross-border line for the past week.
TransCanada hopes to restart Keystone on Sunday after leak in South Dakota
Vancouver Police Arrest Sex Offender At UBC Campus
Police say 45-year-old Jason White is a person of interest in an attempted home invasion of an elderly woman in the city's Oakridge neighbourhood.
Vancouver Police Arrest Sex Offender At UBC Campus
Think You Know Your Taxes? Test Your Knowledge With This Tax Quiz
The Canada Revenue Agency says you should keep any receipts and documents for at least six years after you file your return.