PRESUMPTION OF BAC - IT IS NOT POSSIBLE TO DRINK UPSIDE DOWN

Police found the accused's vehicle on its roof. The accused and his 90 year old mother were both still belted into their seats and hanging upside down. There were open drink containers found inside the vehicle. The accused argued that the Crown failed to prove that there was no consumption after the crash. The court disagreed - it would have been impossible for the accused to drink substantial quantities of alcohol while hanging upside down. R. v. Murray, 2011 ONSC 3735