Judge rules impaired woman used running car as a 'place of refuge'

A local woman, who was discovered asleep behind the wheel of her car, with the engine running, was found not guilty Monday of drinking and driving offences.

Ontario Court Justice Romuald Kwolek said he was satisfied that Marie Ruggles didn't occupy the driver's seat to set the vehicle in motion in the early morning hours of Aug. 27, 2016.

The judge accepted the 31-year-old woman's testimony that she was using the vehicle as a place of refuge after a physical altercation where she had been forced out of her boyfriend's residence

He dismissed charges that she had care and control of a vehicle while impaired, and with a blood-alcohol concentration exceeding 80 milligrams in 100 millilitres of blood.

At a March 1 trial, the court heard a resident of the Beaumont Trailer Park, about 20 minutes north of Sault Ste. Marie, contacted police after noticing a vehicle, parked in a grassy area. It had been idling for more than 30 minutes.

When an officer arrived shortly after 3:30 a.m., she knocked on the driver's side window with her flashlight, but was unable to rouse the woman in the fully reclined, seat.

The officer opened the driver's unlocked door and managed to wake the woman, who turned off the engine when instructed to do so.

There was no key in the ignition, but the vehicle could be started and turned off by pushing a button.

Ruggles, who was described as dishevelled with a torn dress, exhibited "gross signs" of impairment, including red glassy eyes, an odour of alcohol, slurred speech, and lack of balance when she got out of the vehicle.

At the detachment, it was noted that the woman, who was co-operative with police, had bumps, bruises, and scrapes, as well as a black eye, and was in her bare feet.

Breathalyzer tests revealed readings of 225 and 228 milligrams of alcohol in 100 millilitres of blood.

Ruggles testified that she had been drinking during the evening of Aug. 26 and consumed wine, jello shooters and some beer, before going to sleep in the residence she had shared with her boyfriend for about six weeks.

She said she got into an argument with him after he pulled her out of bed, woke her up and then tried to forcefully remove her from the home, before he called some neighbours. 

The witness claimed she was then punched in the face by a woman.

Kwolek was told by the accused that she had no where to go, so she walked barefoot to her vehicle, which was parked down the street.

"Barely" able to see out of her eye, Ruggles said she got into the vehicle, started it with her car fob and plugged in her phone charger so she could call someone to come and get her.

She told the judge she had no intention of driving while in an impaired condition and wanted to call a friend in the Sault to pick her up.

The woman said she reclined her seat and because she was cold turned on the heater, and fell asleep while she was waiting for the phone to charge.

Ruggles said that although she had lived in the trailer park for just over a month, she didn't know anyone there who could help her.

In his 16-page written decision, Kwolek said "the only issue in this case was simply whether or not the Crown has proven its case beyond a reasonable doubt that the accused was in care and control of the motor vehicle" contrary to the Criminal Code.

The judge said there was no dispute, based on the facts proven at the trial, that Ruggles was in the driver's seat and her ability to drive was impaired by alcohol.

Therefore, there is a presumption under the code, that the accused had care and control of the vehicle, unless she establishes, on a balance of probabilities, that she didn't occupy that seat to set the car in motion, he stated.

Kwolek noted the woman had testified that she was awakened from sleep by a boyfriend who physically attempted to remove her from the residence, then called others for assistance.

The accused suffered injuries in an altercation with these individuals, and left the home to go her car as a "place of refuge," where she attempted to charge her dead phone to call a friend for a ride.

Kwolek concluded that he was satisfied, on a balance of probabilities, that Ruggles didn't intend to drive the vehicle when she got inside.

He also decided, based on the accused's evidence and the police officer's observations that the driver's seat was fully reclined, and the steps needed to put the car in motion, that there wasn't "a realistic risk" that Ruggles would unintentionally set the running vehicle in motion.

As well, the judge indicated he wasn't convinced that any one factor, or a totality of the evidence, would lead to a conclusion that there existed a real risk that Ruggles would change her mind about driving.

Noting the woman was in a deep sleep when found, that the seat was fully reclined and not in a position for her to drive, that she testified she doesn't drink and drive and had a plan to get a ride, he found that her conduct didn't constitute a realistic risk of danger to the public.

"As a result, I am not satisfied that the Crown has proven its case beyond a reasonable doubt and the charges against the accused shall be dismissed."

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