What is the test for leaving a vehicle to change a flat tire?

Alberta, Canada


The following excerpt is from R. v. Flinn, 1999 ABQB 419 (CanLII):

In Regina v. Darbyson (1985) 39 M.V.R. 236 [B.C.Co.Ct.], the accused was driving on a highway in the evening when he realized his vehicle had a flat tire. He did not have the equipment to change his tire and decided to remain in his vehicle until the morning and then attempt to obtain assistance. When the police officers noticed the accused’s vehicle, they found the accused fast asleep, the ignition switch of the vehicle turned to the accessory position, and the car radio playing loudly.

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