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.
