The accused was found asleep in the driver's seat of her parked vehicle with the keys in the ignition and open alcohol.
She was arrested for impaired operation.
At the police station, after her counsel of choice could not be reached, she spoke with duty counsel.
At trial, she brought a Charter application alleging a breach of her s. 10(b) right to counsel, arguing she was funnelled to duty counsel.
The court dismissed the application, finding the police fulfilled their informational and implementational duties and the accused did not express dissatisfaction with duty counsel.
On the trial proper, the court found the accused was in care or control of the vehicle, as her actions created a realistic risk of danger, and that her ability to operate the vehicle was impaired.
The accused was found guilty of impaired operation and operating with a blood alcohol concentration over 80mg, with a conviction entered on the over 80mg charge.
