The accused was found in the driver's seat of a vehicle stuck in a flower bed with the engine running.
He was charged with impaired driving and operating a vehicle with a blood alcohol concentration over 80.
The court dismissed the accused's Charter application under ss. 10(a) and 10(b), finding he was not detained prior to his formal arrest.
The court also found the accused had care and control of the vehicle, as the vehicle was operable despite being temporarily immoveable, triggering the statutory presumption.
The accused was found guilty of the over 80 charge but acquitted of impaired driving due to a lack of expert evidence linking his blood alcohol level to impairment.
