What are the factors used in determining whether there is a risk of danger based on circumstantial evidence?

[93] In Regina v. Szymanski the court set out a series of factors to assist in assessing whether there is a risk of danger based on circumstantial evidence. Those considerations were as follows: • The level of impairment, which is relevant to the likelihood of exercising bad judgment and the time it would take for the accused to become fit to drive. • Whether the keys were in the ignition or readily available to be placed in the ignition. • Whether the vehicle was running. • The location of the vehicle, whether it was on the side of a major highway or in a parking lot. • Whether the accused had reached his or her destination or if the accused was still required to travel to his or her destination. • The accused’s disposition and attitude. • Whether the accused drove the vehicle to the location where it was found. • Whether the accused started driving after drinking and pulled over to “sleep it off” or started using the vehicle for purposes other than driving. • Whether the accused had a plan to get home that did not involve driving while impaired or over the legal limit. • Whether the accused had a stated intention to resume driving. • Whether the accused was seated in the driver’s seat regardless of the applicability of the presumption. • Whether the accused was wearing his or her seatbelt. • Whether the accused failed to take advantage of alternate means of leaving the scene. • Whether the accused had a cell phone with which to make other arrangements and failed to do so.