The accused was found passed out in his vehicle in a restaurant drive-thru and was charged with impaired care or control and refusing a breath demand.
The court acquitted the accused of the refusal charge because the Crown failed to prove the arresting officer made a valid demand, as there was no evidence of the exact words used, and the breath technician's subsequent demand was not made 'as soon as practicable' due to an unexplained 41-minute delay.
However, the court convicted the accused of impaired care or control based on the totality of the evidence, including his unresponsiveness, slurred speech, unsteadiness, and the strong odour of alcohol.
