Drunk Conduct BT: in canada is it illegal to be passed out in your car
12-09-2008, 01:49 PM
#11
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You're correct: Here's what my friend with the Po-po says RE: "Is it illegal...?"
Short answer : YES
Long Answer:
Criminal Code of CANADA says:
Operation while impaired
253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59.
"care and control" is the wording that applies. If the person has the ability to set the vehicle in motion then they are guilty of the offence ie
get arrested, go to jail loose license, car impounded, pay fine etc etc) regardless if the keys are in their pocket, the igniting or in the trunk, having said that ....I think it would be highly unlikely that anyone would get arrested for what you describe and even more unlikely that they would get convicted. I would have to go though case law to get more specific...of course you can go to CanLII and look for case law if your really want to know the legal precedents.
Long Answer:
Criminal Code of CANADA says:
Operation while impaired
253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
R.S., 1985, c. C-46, s. 253; R.S., 1985, c. 27 (1st Supp.), s. 36, c. 32 (4th Supp.), s. 59.
"care and control" is the wording that applies. If the person has the ability to set the vehicle in motion then they are guilty of the offence ie
get arrested, go to jail loose license, car impounded, pay fine etc etc) regardless if the keys are in their pocket, the igniting or in the trunk, having said that ....I think it would be highly unlikely that anyone would get arrested for what you describe and even more unlikely that they would get convicted. I would have to go though case law to get more specific...of course you can go to CanLII and look for case law if your really want to know the legal precedents.
12-09-2008, 02:24 PM
#12
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Good info guys. I believe you would likely get a 24hour suspension as they couldn't prove
how inebriated you were when you got in the car. But that level of suspension is nothing more than a judgement call to police if you blow a very low number on the handheld breathalizer.
So, by your own admission you were "too drunk" to drive home, but technically you require what, 8 to 12+ hours to clear booze from your system? No backseat nap is enough for this to happen.
Cab time, or arrange a ride, Are you the forum member in Victoria? No bar is too far to walk from, haha. (sorry if that's not you)
B.
So, by your own admission you were "too drunk" to drive home, but technically you require what, 8 to 12+ hours to clear booze from your system? No backseat nap is enough for this to happen.
Cab time, or arrange a ride, Are you the forum member in Victoria? No bar is too far to walk from, haha. (sorry if that's not you)
B.
12-09-2008, 03:08 PM
#13
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I work in this field...
Yes it is illegal, yes police arrest for it all the time and yes people get convicted all the time. If you are smashed don't sleep in your car, find a way home.
12-09-2008, 04:37 PM
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Don't sleep in the driver's seat and the keys have to be nowhere
If you are in the driver's seat you have to prove no intent to drive even if you are essentially comatose (though an alcohol induced coma might be a defence to care and control it hasn't been tried as far as I know).
If you are not in the driver's seat then the Crown has to prove care and control and that means they have to show you have the capability of putting the car in motion.
If the cops cannot find the keys then you should be innocent. However, technically, you must not be able to get at the keys either so "I dunno" is the only correct answer to "where are the keys to this car?".
If you are not in the driver's seat then the Crown has to prove care and control and that means they have to show you have the capability of putting the car in motion.
If the cops cannot find the keys then you should be innocent. However, technically, you must not be able to get at the keys either so "I dunno" is the only correct answer to "where are the keys to this car?".
12-09-2008, 04:42 PM
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Doesn't matter where the keys are as long as they are accessible to you
and you don't even have to be in the car. Technically, the way the law is written you are guilty if you go near your car with the keys in your possession and you are impaired.
I am a lawyer, I think about these absurd situations the law provides for all the time. If you go to your car just to get something out of it and you are legally drunk, you are guilty of "drunk driving" as soon as you reach for the door handle or get your key out to unlock the car. Care and control does not mean an intent to drive, merely an intent to exercise possession of the car in circumstances where you have the theoretical capacity to drive and may decide to do so, even if you haven't yet decided to do so.
I am a lawyer, I think about these absurd situations the law provides for all the time. If you go to your car just to get something out of it and you are legally drunk, you are guilty of "drunk driving" as soon as you reach for the door handle or get your key out to unlock the car. Care and control does not mean an intent to drive, merely an intent to exercise possession of the car in circumstances where you have the theoretical capacity to drive and may decide to do so, even if you haven't yet decided to do so.
12-09-2008, 04:45 PM
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There definitely is a stationary violation, "drunk driving" does not require that
you drive anywhere. The key doesn't have to be in the ignition, it doesn't matter if the engine is on or not and it doesn't matter whether you are inside the car or not you can be arrested and convicted if you unlock the car remotely....
The only defence to care and control that works is to prove that the car is broken down and cannot be operated by anyone and even that depends on the Judge's view of what you were about.
The only defence to care and control that works is to prove that the car is broken down and cannot be operated by anyone and even that depends on the Judge's view of what you were about.
