The accused was found sleeping in his running pickup truck on a residential street in Mississauga and was charged with care or control of a motor vehicle while impaired by alcohol and care or control of a motor vehicle with excess blood alcohol.
The Crown led evidence from a civilian complainant and three police officers, along with expert toxicology evidence.
The defence called no evidence.
The court found that the arresting officer had reasonable grounds to believe the accused was impaired despite the absence of an odour of alcohol, based on the totality of circumstances including the vehicle's unusual parking position, the difficulty in waking the accused, slurred speech, red eyes, and poor balance.
The breath demands were found to be lawful despite some inaccuracies in how information was communicated between officers.
The court concluded that the accused's ability to be in care or control of the motor vehicle was impaired by alcohol consumption.
