Quote:
Originally Posted by FirstWinter
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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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.