Quote:
Originally Posted by Maritime Q-Scout
I guess I'm questioning your ability to put the car in motion if the keys are locked in the trunk. I personally would think that if you did that you're showing enough initiative as to not drive while under the influence. I suppose that gets into the tons of case law and going into depth that you said you wouldn't do.
Regardless, it's not something I've ever done, nor intend on doing (especially this time of year). I know even if going to get something out of my car while drunk (more beer anyone?) I'll open the doors with my keys, then put the keys on the roof, get the whatever (beer) lock the doors, and then grab the keys again. If for no other reason to have the argument that I never had the keys in my possession while I was in the car. Then again I only ever done this while camping or been somewhere that there wasn't any police officers for miles around. Yeah I know, I'm a nerd.
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Again, each case is taken on its own merit. An officer can charge you if he can articulate the charge. Whether a crown runs with it or not is another issue. As I stated there is a tonne of case law on this. Just read up on it. Believe it or not, it is kind of interesting. I'll try to find a link.