The defendant was charged with driving while suspended after a police officer found him passed out in the driver's seat of a running vehicle that was stopped partially on a private driveway and partially on a public roadway.
The court considered whether the officer's entry onto the private property was lawful in light of the Supreme Court's decision in R. v. McColman.
The court held that the officer was acting lawfully under common law duties to protect life and property.
The court further found that the vehicle was on a 'highway' because its rear tires were on the public roadway, and that the defendant was 'driving' despite being asleep.
The defendant was found guilty in an ex-parte trial.
