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![The court heard police found Ilija Jacobs asleep at the wheel of his car. [File image].](http://www.abc.net.au/reslib/200904/r359498_1657425.jpg "The court heard police found Ilija Jacobs asleep at the wheel of his car. [File image].")
The court heard police found Ilija Jacobs asleep at the wheel of his car. [File image]. (ABC TV)
A man has been acquitted of high-range drink-driving because police could not prove exactly when he started his car.
The Darwin Magistrates Court heard police found 35-year-old Ilija Jacobs asleep at the wheel of his car at 8:00am in May.
The court heard the engine was still running and it took officers five minutes to wake him up.
Police turned off the engine and arrested Mr Jacobs.
He later recorded a blood-alcohol reading of 0.15 per cent.
Mr Jacobs fought the matter in court.
His lawyer Peter Maley argued that police could not prove if he had started the car within the four-hour time limit that a person can be legally breathalysed after starting or driving a car.
The magistrate agreed and today acquitted him of the charge.
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