The accused was charged with two offences: care and control of a motor vehicle while impaired by alcohol, and care and control of a motor vehicle with excess blood alcohol concentration.
The Crown proved that the accused was asleep in a running vehicle in a live lane of traffic at an intersection, with the engine running and headlights on.
The accused exhibited signs of impairment including disorientation, unsteady gait, and alcohol on his breath.
The Crown also relied on breath sample analysis showing a blood alcohol concentration exceeding the legal limit.
The defence challenged the reliability of the breath testing results based on a 22 mg% variance between two samples without a third sample being taken.
The court found the accused guilty of both offences and stayed the impaired count pursuant to the Kienapple principle.
