Quote:
Originally Posted by Resolute 14
I believe that once you enter the drivers' side with the keys, you are in control of your vehicle. And if you are drunk, you're done for. So no, nobody caught in that situation could expect to have such charges thrown out.
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Quote:
Originally Posted by Bmuzyka
Actually, I have been told it is. When I lived in Manitoba, it was brought up about what if people are sleeping in thier car after having a few drinks, and the RCMPs response was that so long as an impared person is in the drivers seat with the keys in the ignition, it is technically operating a motor vehicle, moving or not.
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I agree, sorry I wasn't clear. Once you're behind the wheel you're technically a driver and can (should) get busted. I believe here the rule is 2 steps away from driving so keys in hand would be a DUI (keys into ignition, turn ignition). I know someone who got a DUI drink sleeping in their car with the radio on so absolutely, yes.
What I meant was that if they were just pulling over people leaving the bar for no reason that would have to be an issue, no? The simple act of leaving an establishment and entering your car is not criminal, and if you were not visibly intoxicated and operated you vehicle within the law they have no cause to pull you over right?