Legal Question - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Cheerio · 07-24-2011, 03:03 AM

Hey guys just a quick question, I picked up some friends from the club the other night and had the pleasure of speaking to a couple of policemen. I was DD so I hadn't been drinking but my two friends that I picked up had. Anyways the policeman asked me if I had been drinking or if there was any alcohol in my car, and I said no because there wasn't any. But there was a box that used to hold 15 cans of Molson Canadian before my friend took the cans out but left the box in the back of my SUV. I told the policeman he could check the box if he wanted too but there was none left and he said "okay I believe you, you seem like a good kid."

If there had been a few cans left in the box what would the punishment have been like? If the people I picked up had bottles in their purses that I didn't know about that the cops found would I have gotten in trouble?

P.S. I'm 17 so underage..

tl;dr What is the punishment like in Alberta for driving a car with alcohol in it while underage?

EDIT: I tried googling it before making this thread and found nothing so if anyone could help it would be good to know for future reference.

Beerfest · 07-24-2011, 03:15 AM

lol, I googled, "driving with alcohol while underage alberta" and this thread was the third option.

Im not sure what the "punishment" is exactly..or if there is even one.

As long as your sober and the alcohol is not in the front row, I dont see why there would be an issue. (of course there could still be a law againt this, hence why your asking, haha)

Cheerio · 07-24-2011, 03:19 AM

Quote:

Originally Posted by Beerfest

lol, I googled, "driving with alcohol while underage alberta" and this thread was the third option.

Im not sure what the "punishment" is exactly..or if there is even one.

As long as your sober and the alcohol is not in the front row, I dont see why there would be an issue. (of course there could still be a law againt this, hence why your asking, haha)

Well the officer said to my friends who were in the backseat (because one of them was puking drunk) that if they had any alcohol back there that I would be in huge trouble.

Beerfest · 07-24-2011, 03:21 AM

Quote:

Originally Posted by Cheerio

Well the officer said to my friends who were in the backseat (because one of them was puking drunk) that if they had any alcohol back there that I would be in huge trouble.

Were your passengers underage? If they were 18 or older and the alcohol was closed I dont see why there would be an issue..unless it because your underage or something...hmm...haha I dunno.

Cheerio · 07-24-2011, 03:24 AM

Quote:

Originally Posted by Beerfest

Were your passengers underage? If they were 18 or older and the alcohol was closed I dont see why there would be an issue..unless it because your underage or something...hmm...haha I dunno.

Nope they were both 18, but the cops were giving one of them a hard time because she was from B.C. and they thought her ID was fake. Yeah maybe, are they even allowed to search my car for anything anyways?

NBC · 07-24-2011, 03:33 AM

Years (decades) ago you could have received an "Open Liquor" fine if there were open bottles of alcohol in the vehicle, even if no one was drinking. It made it a bit of an issue transporting previously opened bottles.

I'm not sure how much trouble someone could get into if there was unopened alcohol in the vehicle. Someone could have recently purchased something at a liquor store and been transporting home. The problem might be if the vehicle is driven by an underage person, even if the alcohol was purchased by a legal age passenger. The rules may have changed somewhat over the years, I'm not too sure. The officers may have been trying to scare you is all, or there could be some new legislation giving the police more power to confiscate and ticket alcohol in vehicles. I'm not sure.

Funny thing in the UK - if one was to go to the local supermarket and buy a bottle of anything and they were accompanied by an underage person, the store can refuse the sale of alcohol if they 'suspect' that the alcohol may be consumed by the underage person. I've seen parents get annoyed with staff when shopping with their teenage children and have had their request for alcohol purchase refused by management. It is a very odd thing.

EVERLAST · 07-24-2011, 06:41 AM

empties have been looked at as empty vessels as well and can be punished with a fine of up to $250.00 per empty can, bottle etc within reach of the operator of a vehicle

WilsonFourTwo · 07-24-2011, 07:40 AM

I don't know that you'd have any problems for being underage (so long as you hadn't partaken in the boozing).

When I was 16/17, I would regularly DD for my older brother and his friends when they went to parties. They got to booze the night away, and I got to nail college chicks. Who says karma isn't real?

JustAnotherGuy · 07-24-2011, 12:48 PM

I am sure a cranky cop could fine you for something if he wants to be a dick.

Stillman16 · 07-24-2011, 01:02 PM

Could it be anything to do with graduated driving rules? (just a guess, as I have no idea what the GDL rules are, and if they apply to you)

Mike F · 07-24-2011, 02:13 PM

I believe section 84 of Alberta's Gaming and Liquor Control Act is what gets you:

Quote:

Consumption in vehicles

84 Except as otherwise provided for in this Act or in a liquor licence, no person may consume liquor in a vehicle unless, when the liquor is being consumed, the vehicle is a temporary residence.

Someone more familiar with Alberta's laws could give you a more definitive answer, but I'm guessing contravening the section would result in a fine.

troutman · 07-24-2011, 06:54 PM

Usually, I think they would just make you pour out the beer.

Mike F · 07-24-2011, 07:39 PM

Quote:

Originally Posted by troutman

Usually, I think they would just make you pour out the beer.

4X4 · 07-24-2011, 08:02 PM

Quote:

Originally Posted by Mike F

Years ago, whilst 4x4ing around during maylong, we got jacked on the trail by a cop on a quad. My buddy was sitting in shotgun sipping vodka from a 40 (oh, those crazy polacks) and stuffed it under the seat, but it rolled out while I was talking to the cop. Cop made him pour it out. That sucked.

Mike F · 07-24-2011, 10:37 PM

Quote:

Originally Posted by 4X4

Years ago, whilst 4x4ing around during maylong, we got jacked on the trail by a cop on a quad. My buddy was sitting in shotgun sipping vodka from a 40 (oh, those crazy polacks) and stuffed it under the seat, but it rolled out while I was talking to the cop. Cop made him pour it out. That sucked.