A Yukon judge has convicted a 36-year-old Whitehorse woman of failing to exercise care and control of a vehicle and sentenced her to a $1,000 fine.

Judge Michael Cozens convicted and sentenced Michelle Crystal Fred on Wednesday.

This stemmed from an incident on Sept. 2, 2016.

The RCMP responded to a vehicle found on the side of the road with someone sleeping in the driver’s seat.

At the Nov. 9, 2018 trial, the responding officer could not confirm if the car’s transmission had been in park.

The officer knocked on the window to awaken the occupant. Once awake, the occupant was identified as Fred.

The officer reported that she was confused and had trouble waking up. The officer could smell alcohol on Fred.

Alcohol was not found in her vehicle. Fred was tested, and the reading was between 146 and 172 mg per cent.

Cozens explained that he would have to determine if there was a realistic risk of danger, which needed to be based in fact.

He pointed out someone may fall asleep in a vehicle after deciding not to drive it. This does not mean the individual may not change his or her mind later.

Cozens added a stationary vehicle may still be a danger to everyone around. The sleeping driver may accidentally cause the vehicle to move.

He clarified that just sitting in the driver’s seat while intoxicated can open someone up to the absence of care and control charge.

Cozens indicated it can be difficult to determine the risk the care and control situation poses. This includes considering several factors, such as:

• were the keys in the ignition;

• did the person have a plan to get home; and

• how far away the individual’s destination was.

Cozens indicated there is evidence that Fred called someone for a ride but that individual was not in a position to help her. That said, he felt this did not mean there was no realistic risk she would drive after she woke up.

“I would be hard-pressed to consider otherwise,” Cozens said.

He clarified that there was no evidence to say she was driving the vehicle before it was found by police.

That said, he felt Fred could have easily driven the vehicle since she’d been in the front seat and knew where the keys were. He pointed out she could have laid down and slept in the back seat until she could find another way home.

The judge explained that Fred had to provide evidence that there was no risk. He felt she had not done that.

“She has failed to do so,” Cozens said.

With that, he felt the conviction of failing to exercise care and control was justified.

Crown prosecutor Ludovic Gouaillier and Fred’s lawyer, Malcolm Campbell, were ready to proceed to sentencing that day.

Gouaillier felt the minimum sentence would be appropriate in these circumstances. This includes a $1,000 fine and one-year driving prohibition.

He wanted the court to consider that Fred took this case to trial to argue law, not her moral responsibility.

Campbell said his client, who has a Grade 11 education, is a member of the Kwanlin Dün First Nation. He pointed out she has been sober since January 2018 and has no criminal record.

He asked the court for six months to pay the fine.

Cozens agreed that the trial was a question of law, not of Fred’s moral responsibility. He felt the recommended sentence would work in this case.

He imposed the $1,000 fine and one-year driving ban.

Fred will be able to apply for an interlock system once she becomes eligible.