Mark: At the wrong place, at the wrong time?

The father of Mark, a 17-year-old young man, calls you urgently, early in the morning, about a situation concerning his son. Here are the facts provided by the father through this long hour conversation:

• His son went out with friends. Around 2 am, he stopped the car on the side of a main street in Brampton, overcome by fatigue.
• Since it was only 5 Celsius degrees outside, he left the engine working to keep the car warm and fell asleep.
• At 4 am, a Brampton police officer knocked at the window of the car, asking Mark to open it. He then asked him for his driver's license and insurance papers. Mark gave him his G1 license and the car's insurance documents.
• The officer then asked Mark to open for him the brown bag on the passenger seat, thinking that it might have contained alcohol. He complied and showed the officer a half-empty 1.5L bottle of beer. The officer, then, asked him to get out of the car to take a roadside breath test, though he did not drink in the previous 2 hours.
• The test revealed an alcohol level of 0.084 mg in Marks's blood. The officer then arrested him, read his rights, had the car towed and brought Mark to the police station for a breathalyzer test.
• Mark called his father after the test, who called you right away - it is 5:30 am. Nervously, he asks you about the expected consequences of this situation. You ask him to call you back around 2 pm, so you have the time to call the officer in charge of the file and get the details.
• You learned from the officer that Mark has been charged according to section 253(1) of the Criminal Code, as well as driving illegally with a G1 license. The breathalyzer revealed a level of 0.082 mg.

Create a defence for Mark. Include precedent case (like R. v. Landry, R. v. Bernshaw and more) add legislative sources to back your defence, and sections of the Charter rights and freedom.