The defendant was charged with impaired driving on March 3, 2018, after police responded to a report of an unconscious driver on Spadina Avenue in Toronto.
The defendant was found asleep at the wheel in a live lane of traffic with the engine running.
Police observed signs consistent with impairment including the smell of alcohol and bloodshot eyes.
The defendant was arrested and advised of his rights to counsel.
The Crown did not rely on breath sample results due to an error in the demand read by police.
The trial focused on whether the Crown proved impairment beyond a reasonable doubt.
The court found reasonable grounds for arrest and no Charter breaches regarding arrest or rights to counsel.
However, on the merits of the impairment charge, the court found a reasonable doubt existed and acquitted the defendant.