How have courts accepted the explanation of the evidence of a driver who was found asleep in the driver’s seat, with the motor vehicle running, and with the automatic transmission in “Park”?

17. In R v. Bishop, 2002 BCPC 6, the trial judge accepted the explanation of the accused’s evidence, thereby rebutting the presumption of care or control. He was found asleep in the driver’s seat, motor running, automatic transmission in “Park”, parking brake on, and the radio playing. He had drank excessively the previous night, after an argument with his wife; he did not wish to face her, nor did he have enough money for a motel room. He decided to sleep till next morning as he had nowhere to go (para 3). He turned the motor on later during the night, to get heat, but fell asleep again.