R. v. Alatyppo
4 C.C.C. (3d) 514
Accused and his friend were driving hime from a dance when the truck ran out of gas. When police arrived the accused was sitting in the drivers seat and his friend in the passenger seat. They both exited the vehicle using the passenger side door. The officers then formed the opinion that his ability to operate a motor vehile was impaired by alcohol and placed him under arrest.