The accused was found passed out in a parked car with the engine running, lights on, seatbelt fastened, and an open beer in hand.
Police attended and arrested him.
The Crown charged him with impaired care and control and over 80 mg of alcohol per 100 ml of blood.
The court found the accused guilty of impaired care and control based on the totality of circumstances, including his coma-like state, strong smell of alcohol, bloodshot eyes, and the vehicle's operational status.
However, the court dismissed the over 80 charge due to unreasonable delays in breath testing.
The court found a 17-minute delay in providing rights to counsel breached the Charter, but admitted the breath test evidence under section 24(2).
The court also found an unexplained 18-minute delay at the police station meant the tests were not taken "as soon as practicable," fatally undermining the presumption relating test results to the time of the alleged offence.
