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Old 02-07-2018, 07:19 PM   #39803
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That's such BS if he isn't even driving. I don't care what the actual law says it's just wrong to mess up somebody's whole life when they were actually NOT* driving, hense making the right decision. (Even if they did make the bad decision to drink too much). Was he on private property? Maybe a good lawyer might actually work in this case.
The reason why they have sleeping in the car while drunk in the law I believe is say you were drunk driving but you ended up passed out pulled over on the side with the car still running or crashed and passed out while drunk or any other number of cases similar to that. It allows law enforcement officers to legally arrest and charge suspects with a DUI.

That's the law. But all laws are enforced by an officer and it's up to the officer's discretion really at the end of the day. The officer could have let him go with a warning, put him in a drunk tank for the night, or anything else. It's only a charge so far and not a sentencing. Anything can happen in trial.
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Old 02-07-2018, 07:21 PM   #39804
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That's such BS if he isn't even driving. I don't care what the actual law says it's just wrong to mess up somebody's whole life when they were actually NOT* driving, hense making the right decision. (Even if they did make the bad decision to drink too much). Was he on private property? Maybe a good lawyer might actually work in this case.

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IDK about Canadian law, but in the US it is legal to drink and drive on private property. (given it is your property or you have permission)


It is also legal to sleep in your car. But not with the keys in the ignition. And here is where it gets confusing: If they feel you have intent to drive and are in possession of the keys, they can arrest you. Even if you are just walking to your car. NOT COOL!
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Old 02-07-2018, 07:34 PM   #39805
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Regardless, bad laws hurt everyone.

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Old 02-07-2018, 07:57 PM   #39806
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Old 02-07-2018, 08:50 PM   #39807
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Old 02-07-2018, 09:44 PM   #39808
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Good thing it happened in Alberta.

Either way though, @Clipdat, I doubt it matters. Care and control of the vehicle (for example, passed out inside the vehicle with the keys in reach) is what matters in the end.
Pretty much the same applies anyway.
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Old 02-07-2018, 09:45 PM   #39809
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Changed my avatar to "Confuse a Tcoat"
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I was his driver for the weekend along with his grandson who had some english.
Hope he wasn't calling me a wanker


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That actually is a striking image of you.
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Old 02-07-2018, 09:48 PM   #39810
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IDK about Canadian law, but in the US it is legal to drink and drive on private property. (given it is your property or you have permission)


It is also legal to sleep in your car. But not with the keys in the ignition. And here is where it gets confusing: If they feel you have intent to drive and are in possession of the keys, they can arrest you. Even if you are just walking to your car. NOT COOL!
Not legal anywhere here. Although they did recently change the law to remove impaired operation of a canoe from the list of charges. I am not joking.

http://nationalpost.com/news/politic...riving-offence
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Old 02-07-2018, 09:54 PM   #39811
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The reason why they have sleeping in the car while drunk in the law I believe is say you were drunk driving but you ended up passed out pulled over on the side with the car still running or crashed and passed out while drunk or any other number of cases similar to that. It allows law enforcement officers to legally arrest and charge suspects with a DUI.

That's the law. But all laws are enforced by an officer and it's up to the officer's discretion really at the end of the day. The officer could have let him go with a warning, put him in a drunk tank for the night, or anything else. It's only a charge so far and not a sentencing. Anything can happen in trial.
The laws are different in different places, there isn't one single law. The law here is not drunk driving but impaired care and control. He had care and control of the vehicle no matter where he was or what he was actually doing. Law enforcement officers (in Ontario at least) do not have any leeway when it comes to these charges. If they suspect impaired they MUST test and charge. They will lose their jobs if they just warn and walk away.
Yes, in this case it seems unfair but what if the guy wakes up, feels fine even though still impaired and drives away to kill somebody? If impaired here just do not have care and control of the vehicle.
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Old 02-07-2018, 09:59 PM   #39812
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The laws are different in different places, there isn't one single law. The law here is not drunk driving but impaired care and control. He had care and control of the vehicle no matter where he was or what he was actually doing. Law enforcement officers (in Ontario at least) do not have any leeway when it comes to these charges. If they suspect impaired they MUST test and charge. They will lose their jobs if they just warn and walk away.
Yes, in this case it seems unfair but what if the guy wakes up, feels fine even though still impaired and drives away to kill somebody? If impaired here just do not have care and control of the vehicle.
I'm sorry but regardless of how the bureaucracy came to the idea that it is good to punish someone for trying to wait and sober-up it is still wrong.

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Old 02-07-2018, 10:14 PM   #39813
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The laws are different in different places, there isn't one single law. The law here is not drunk driving but impaired care and control. He had care and control of the vehicle no matter where he was or what he was actually doing. Law enforcement officers (in Ontario at least) do not have any leeway when it comes to these charges. If they suspect impaired they MUST test and charge. They will lose their jobs if they just warn and walk away.
Yes, in this case it seems unfair but what if the guy wakes up, feels fine even though still impaired and drives away to kill somebody? If impaired here just do not have care and control of the vehicle.
I mean generally if the keys are on your person and you're sleeping in the driver's seat it's a DUI. But say you left the keys in the trunk or you slept in the passenger seat/rear seats would that still be considered impaired care and control in Canada?
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Old 02-07-2018, 10:20 PM   #39814
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I mean generally if the keys are on your person and you're sleeping in the driver's seat it's a DUI. But say you left the keys in the trunk or you slept in the passenger seat/rear seats would that still be considered impaired care and control in Canada?
Think the keys need to be elsewhere.
@p1l0t, here's a fun story, and it's a short one.

After a long day of work this summer, we decided to sit on the tailgate of our trucks and knock back a few beers in the hotel parking lot, since it was a beautiful day out. We were about 4 beers deep into our relaxing evening, when a fine member of the Ontario Provincial Police who was also staying at the hotel approached us. Here is what happened:

Officer- Now I know you guys aren't having beers outside
Me- (under the assumption that the officer is just pulling our leg) Of course sir, it's a beautiful evening and we're having a nice time shooting the breeze
Officer- In that case, clear out before I start writing tickets
Me- Seriously? Isn't this private property? What would the ticket be for?
Officer- Drinking in public, and don't play stupid with me. It doesn't matter if this is private property, you're still drinking in public. Also, are those the keys to the truck on the tailgate? You better get a move on unless you want this to get a whole lot worse for you.

So, ultimately, the cop decided to flex his power on us. Luckily though, no tickets were written, but he did strongly suggest that a care and control thing was going to happen. And, to add to the "WTF" of that situation, we weren't being loud, we weren't swearing, we weren't disturbing anyone, we didn't have empties laying around.

Man, some cops suck. But, that's in stark contrast to almost the exact same situation at the exact same hotel, but the year before when an OPP officer came up to us and said almost the exact same thing, but made a joke out of it and said "enjoy your night, but don't be too loud"
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Old 02-07-2018, 10:21 PM   #39815
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I'm sorry but regardless of how the bureaucracy came to the idea that it is good to punish someone for trying to wait and sober-up it is still wrong.

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The judge may see it that way and be lenient. The officer has no choice but to assume that the guy could have woke up and drove away in five more minutes. Drunks, even those "sleeping it off", are not renowned for good decision making. As a pilot you should know that it can take up to 12 hours to sober up enough to drive. I doubt anybody sleeps it off that long. The right thing to do is to get a safe ride home and come back for the vehicle later. There is nor other reasonable alternative.
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Old 02-07-2018, 10:23 PM   #39816
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Think the keys need to be elsewhere.
Yes. They must not be accessible to the driver at all. As I just said above drunks don't make good calls and if they can pop the trunk and grab the keys then they just may.
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