Does the rule against multiple convictions apply to a case involving the offences of driving with a blood alcohol content in excess of .08 coupled with the charge of driving while disqualified?

In the absence of any binding authority to the contrary, I am not prepared to hold that the principles enunciated in Kienapple v. The Queen, supra, extend to a case involving the offences of driving with a blood alcohol in excess of .08 and driving while disqualified. It is my opinion that the acts involving these two offences are separate and distinct despite the fact that they both include a common element, namely, the operation of a motor vehicle. I cannot agree that this common element can only support a conviction on the one charge simply because it was one of the elements that also made up the offence of driving while disqualified. Accordingly I find that neither the rule against multiple convictions nor the principle of res judicata applies to a case involving a charge of driving with a blood alcohol content in excess of .08 coupled with a charge of driving while disqualified.