R. v. J.H. Provincial Court of Alberta (Calgary)
J.H. charged with being in care and control of his motor vehicle while his ability to operate the vehicle was impaired by alcohol and refusing to provide a breath sample. An extensive Charter argument was filed with the Court. J.H. testified that he did not intend to drive his vehicle home and had simply turned on his car to stay warm.
Result: The Honourable Judge J.D. Bascom found J.H. not guilty of both charges.