The defendant was charged with exceed 80 (impaired driving) following a random sobriety check-stop conducted by police in a shopping plaza parking lot.
The central issue was whether police had authority to conduct random check-stops in private parking lots.
The court held that while the Highway Traffic Act does not authorize such stops in parking lots, police possess common law authority to stop vehicles in parking lots for highway safety purposes, including random stops.
The court found no Charter violation and admitted the breath test results, finding the defendant guilty as charged.
