The accused was found sleeping in the driver's seat of his parked vehicle with signs of impairment and a blood alcohol concentration over 80mgs/100ml.
At trial, he argued that police lacked reasonable grounds for arrest, breached his right to counsel due to a language barrier, and that he was not operating the vehicle because he was waiting for his wife.
The court dismissed the Charter applications, finding the accused understood English and the officers had reasonable grounds.
The court rejected the accused's testimony as incredible and found he failed to rebut the presumption of operation.
The accused was found guilty of the over 80 charge, with the impaired operation charge stayed under the Kienapple principle.
