The accused was found asleep in the driver's seat of his running vehicle.
After waking him, the officer noted signs of impairment and demanded a breath sample into an approved screening device (ASD).
The accused failed and was arrested.
At the station, there was a 17-minute delay in implementing his right to counsel before breath tests were taken.
The court dismissed Charter challenges under ss. 8, 9, 10(a), and 10(b).
Although the court found a s. 10(b) breach due to the delay, it declined to exclude the breath readings under s. 24(2), noting the breach was inadvertent and the accused spoke to counsel before providing samples.
The accused was found guilty.
