Facts - Officer is on her way to work, in full uniform but not in a patrol car. Personal vehicle does not have any special markings or lights. Officer sees stranded motorist in middle of freeway. Officer stops to help, leaving her personal vehicle parked in the roadway with the flashers on. Drunk driver rear-ends the officer's personal vehicle, causing it to crash into the officer, severely injuring her. When does the "actual discharge of an official duty" start?

Split opinions here on whether we can pursue Intox Assault - Public Servant.

Anyone addressed this issue or have any insight on where to look?