B. Renaud

The accused, a long-haul truck driver, was found seated in the driver's seat of his idling tractor-trailer at 1:45 AM after an evening of drinking.

He was arrested for care and control of a motor vehicle while impaired and for having more than 80 mg of alcohol in 100 ml of blood.

The Crown relied on the rebuttable presumption under section 258(1)(a) of the Criminal Code that occupying the driver's seat creates a presumption of care and control.

The accused testified he had no intention to drive, had parked the vehicle for the night, and was merely eating chicken wings while waiting to sleep.

The court found the accused rebutted the presumption and that there was no realistic risk of danger, resulting in acquittal on both charges.

The accused was charged with "over 80" contrary to section 253(1)(b) of the Criminal Code following a domestic dispute call.

Police officers attended the residence, detected alcohol on the accused's breath while he was operating a snow plow on his private property, but delayed making an approved screening device demand by approximately 12 minutes.

The court found breaches of sections 8, 9, and 10(b) of the Charter due to the failure to make the breath demand "forthwith" as required by section 254(2) of the Criminal Code.

Additionally, the Crown failed to establish that the breath tests were administered "as soon as practicable" as required by section 258(1)(c).

The accused was acquitted.