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Old 06-25-2018, 12:22 PM   #41
Locke
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I didn't realize that drinking too much and sleeping it off in the car was something that people pre-planned. I thought that was just something that happened due to bad pre-planning that you regretted the next day.
Really? Its actually not a terrible idea. They know they cant drive and make the responsible decision to just sleep it off.

The insane part is that you can still get a DUI if you're sleeping in your car and are in possession of your keys.

"I'm sorry officer, if I knew my chances of getting a DUI are better by being responsible and not driving and sleeping in my car I'd have chanced it home last night. Yes sir officer that is a brilliant policy."

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Old 06-25-2018, 01:31 PM   #42
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Really? Its actually not a terrible idea. They know they cant drive and make the responsible decision to just sleep it off.

The insane part is that you can still get a DUI if you're sleeping in your car and are in possession of your keys.

"I'm sorry officer, if I knew my chances of getting a DUI are better by being responsible and not driving and sleeping in my car I'd have chanced it home last night. Yes sir officer that is a brilliant policy."

Well, from some experience Simply having your keys in your pocket won't get you a DUI. At least it won't get you a conviction. Could cost you some $ and time though. Keys in the ignition to stay warm is a different story.
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Old 06-25-2018, 01:43 PM   #43
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Well, from some experience Simply having your keys in your pocket won't get you a DUI. At least it won't get you a conviction. Could cost you some $ and time though. Keys in the ignition to stay warm is a different story.
Even still, too much. People should be able to sleep it off in their car.
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Old 06-25-2018, 02:21 PM   #44
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I wonder if the law exists to keep people from simply having a nap, then driving; thinking that they have sobered up enough. I know of two people who got DUIs the morning after drinking. They crashed on somebody's sofa, got up kind of early, and got into their car. I can just see that sleeping in your car you might be more likely to drive away thinking enough time has passed.
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Old 06-25-2018, 02:33 PM   #45
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I wonder if the law exists to keep people from simply having a nap, then driving; thinking that they have sobered up enough. I know of two people who got DUIs the morning after drinking. They crashed on somebody's sofa, got up kind of early, and got into their car. I can just see that sleeping in your car you might be more likely to drive away thinking enough time has passed.
There is no law saying you can't sleep in your car while drunk.
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Old 06-25-2018, 02:35 PM   #46
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There is no law saying you can't sleep in your car while drunk.
But you cannot have control of the vehicle, so the keys cannot be on you.
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Old 06-25-2018, 02:38 PM   #47
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But you cannot have control of the vehicle, so the keys cannot be on you.
*keys in the ignition. Hard to win a DUI case if you are trying to prove someone was drinking and driving while sleeping in the back seat with the keys in their pocket.
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Old 06-25-2018, 02:41 PM   #48
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*keys in the ignition. Hard to win a DUI case if you are trying to prove someone was drinking and driving while sleeping in the back seat with the keys in their pocket.
Doesnt matter. You've got to get a lawyer and defend yourself, sure, maybe you get off but its going to cost you a lot of time and money.
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Old 06-25-2018, 02:54 PM   #49
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Doesnt matter. You've got to get a lawyer and defend yourself, sure, maybe you get off but its going to cost you a lot of time and money.
Perhaps. If a cop decides to take it that far. Maybe because its a smaller town but in my experience this was only the case when the keys were in the ignition or the person was in the front seat with the keys on their person. What the local cops would tell us was there needed to be some sort of intent or ability to drive. Being in the front seat can show intent and having the keys in, even while in the back, shows the "ability" as they would tell us.

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Old 06-25-2018, 03:06 PM   #50
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The dangers of drunk parking


https://www.macleans.ca/news/canada/...drunk-parking/


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The “care or control” provisions of the Criminal Code acknowledge what few Canadians would dispute: that booze and cars should never mix, regardless of whether the car happens to be parked. Even if a drunk person insists he isn’t planning to drive, for example, what stops him from suddenly changing his mind? (Or accidentally nudging the gearshift into reverse, endangering innocent lives?) As the Supreme Court ruled way back in 1967, Parliament’s goal was “to strike at the very root of the evil, to wit: the combination of alcohol and automobile that normally breeds this element of danger.”

But does that element of danger truly exist in every instance? Or should prosecutors have to prove that a suspect’s specific conduct was indeed risky in order to secure a “care or control” conviction? In recent years, five provincial appeal courts agreed with the latter. In 2012, the Supreme Court went one step further, ruling that the Crown must prove a “realistic risk” of danger, not merely a “theoretical” risk.
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Old 06-25-2018, 03:11 PM   #51
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How does the court look at sleeping it off in a camper van?
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Old 06-25-2018, 03:35 PM   #52
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The Campus Cowboys settled on "gray area" when they found me in the front seat in my sleeping bag after I pointed out I wouldn't have much luck operating the gas peddle and clutch in my warm cocoon after a long BSD.
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Old 06-25-2018, 03:50 PM   #53
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Drive a motorhome. Problem solved.

Actually did that this weekend. Went to a wedding, took the motorhome and just parked it in the parking lot at the Hall. Drank till 1:30 then went and slept in the parking lot. Woke up at 10:30, got ready for the breakfast and gift opening at 11:00 (at the Hall)

Good times.
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