Mr. Douglas Lent

This decision addresses the legality of a vehicle stop in a private hotel parking lot under the Highway Traffic Act (HTA) and the application of a Criminal Code driving prohibition order to such a location.

The court found that the HTA section prohibiting use of unauthorized plates applies in private parking lots and that the Best Western hotel parking lot constituted a "public place" under s 320.24(8) of the Criminal Code.

The accused’s right to counsel was breached technically by not repeating the right to counsel advice at the roadside upon arrest for driving while prohibited, but the breach was minor and did not justify exclusion of evidence.

The possession charge was dismissed due to insufficient evidence, but the remaining charges were proven beyond a reasonable doubt.

The accused was charged with care or control of a motor vehicle with a blood alcohol level exceeding 80 milligrams per 100 millilitres of blood.

Police observed the accused in the driver's seat of a truck in a motel parking lot known for drug activity.

Following an initial investigative detention for suspected drug offence, officers discovered the accused had consumed alcohol and administered an approved screening device test, which the accused failed.

The accused was arrested and subsequently provided breath samples at the police station showing readings of 160 and 170 milligrams per 100 millilitres of blood.

The defence challenged the lawfulness of the detention, the administration of the breath tests, and argued the accused had rebutted the presumption of care or control.

The court found the detention lawful, the breath tests administered as soon as practicable, and the presumption of care or control was not rebutted.

The accused was convicted.