Only in Saskatchewan

Only in Saskatchewan

Locutus

#1Oct 25th, 2012

Or not, who knows.

via Fark:

Actual Headline: 'Man convicted of drinking and sleeping.' Fark: He blew a 0.22 BAC - that must have been three or four Canadian Beers, eh?

An Esterhazy man, who had a history of responsibly taking a cab home when drunk, learned a tough lesson in criminal justice last week.

Drinkers beware; sleeping in your parked car is not necessarily a defence for impaired operation of a motor vehicle according to Yorkton provincial court judge Ross Green and several precedents he cited when he found the man guilty.

Here's the story. Guy drives to the bar. Guy gets plastered. Guy asks bartender to call him a cab and goes outside to wait. Guy gets cold. Guy gets in his car and turns it on to warm up. Guy falls asleep.

more

Man convicted of drinking and sleeping | Local News | Yorkton This Week, Yorkton, SK

CDNBear

Re: Only in Saskatchewan

Oct 25th, 2012

Quote:

Here's the story. Guy drives to the bar. Guy gets plastered. Guy asks bartender to call him a cab and goes outside to wait. Guy gets cold. Guy gets in his car and turns it on to warm up. Guy falls asleep.

Guy is guilty.

That's nothing new.

IdRatherBeSkiing

Re: Only in Saskatchewan

Oct 25th, 2012

He should have done this from the passenger seat.

petros

Re: Only in Saskatchewan

Oct 25th, 2012

Even if he crashed out in th trunk he's still guilty.

Since when is the Canadian Criminal Code just a SK thing?

CDNBear

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by IdRatherBeSkiing

He should have done this from the passenger seat.

No, he should have left the keys in his pocket.

If you are drunk and just pushing a car, you can be charged.

damngrumpy

Re: Only in Saskatchewan

Oct 25th, 2012

If you have your keys with you and you are behind the wheel you are guilty as charged.
In this case the car is running and the ignition is on that means the operator had control
of the vehicle and that constitutes operation of a motor vehicle while impaired. This is an
issue in Canadian law that has come up before. In fact I remember a case like this in our
town more than thirty years ago when I managed a bar.

IdRatherBeSkiing

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by CDNBear

No, he should have left the keys in his pocket.

If you are drunk and just pushing a car, you can be charged.

Hard to run the heater that way. If you are in the passenger seat, I don't think you are operating a motor vehicle.

petros

#8 Top Rated Post

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by IdRatherBeSkiing

Hard to run the heater that way. If you are in the passenger seat, I don't think you are operating a motor vehicle.

Not operating...in control of. Even with keys in pocket you're doomed.

CDNBear

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by IdRatherBeSkiing

Hard to run the heater that way. If you are in the passenger seat, I don't think you are operating a motor vehicle.

What petros said.

Unless someone sober is in the drivers seat.

petros

#10

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by CDNBear

What petros said.

Unless someone sober is in the drivers seat.

If you're going to passout in your car while drunk, stash the keys outside of the vehicle.

damngrumpy

#11

Re: Only in Saskatchewan

Oct 25th, 2012

If you leave the keys outside and someone steals it you might not have insurance
why not just take a cab to the pub

petros

#12

Re: Only in Saskatchewan

Oct 25th, 2012

Not everywhere has taxis.

karrie

#13

Re: Only in Saskatchewan

Oct 25th, 2012

I have two friends who've lost their licenses for being in parked vehicles. one, sitting in the passenger seat waiting for 'Keys Please', the other, sleeping in the back seat after his girlfriend threw him out of the house one night.

PoliticalNick

#14

Re: Only in Saskatchewan

Oct 25th, 2012

While the charges are well within the CCC I don't agree with with the premise. If someone is responsible enough to climb in the back seat and sleep it off they shouldn't be punished for it. Now in this particular case he was behind the wheel with the engine on so maybe there is some small justification but really if the bar confirms he asked for a cab and was just trying to keep warm in cold weather he doesn't deserve a criminal record. There needs to be some common sense used in these cases. Putting people through the system for being responsible and NOT driving flies in the face of the intent of the law IMHO.

karrie

#15

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by PoliticalNick

While the charges are well within the CCC I don't agree with with the premise. If someone is responsible enough to climb in the back seat and sleep it off they shouldn't be punished for it. Now in this particular case he was behind the wheel with the engine on so maybe there is some small justification but really if the bar confirms he asked for a cab and was just trying to keep warm in cold weather he doesn't deserve a criminal record. There needs to be some common sense used in these cases. Putting people through the system for being responsible and NOT driving flies in the face of the intent of the law IMHO.

With my one friend, Keys Please even showed up asking for him by name as the police were arresting him. It's a miscarriage of the intent of the law, even if it's sticking to the technicalities.

JamesBondo

#16

Re: Only in Saskatchewan

Oct 25th, 2012

If the vehicle was a campervan, would it be legal to declare the private parking spot his place of residence for the night? Walmart allows campers, why can't a bar or a pub?

Nuggler

#17

Re: Only in Saskatchewan

Oct 25th, 2012

Sorry folks. It's care and control, and if you have the keys you is it.

tough nuts

better than people dead

I agree with any law, including summary execution which will keep drunks off the ****ing roads

Screw the lawyers and the horses they ride in on.

Lost friends due to drunken ****ing idiots who hire the very "best" lawyers, and defer their cases for years. They and their lawyers should be shot on sight.

Until you or a family member is a victim of someone who blames everyone and everything except him/her self for their actions you just WON'T get it.

YOU WON'T GET IT.

Cannuck

#18

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by karrie

I have two friends who've lost their licenses for being in parked vehicles. one, sitting in the passenger seat waiting for 'Keys Please', the other, sleeping in the back seat after his girlfriend threw him out of the house one night.

The law is stupid as it doesn't take intent into account. This case amounts to giving somebody a criminal record because they were cold and wanted to warm up.

JamesBondo

#19

Re: Only in Saskatchewan

Oct 25th, 2012

I have to respectfully disagree with the prevailing theme to some of the posts on this thread.

If I'm sitting on the tailgate of my truck with a beer, and the back of my truck has a sleeping bag, campstove, and a cooler.....I'm camping. If I'm camping, it is my place of residence.

If I have a motorhome and I'm coming down the highway, and a cop pulls me over. He can try to charge me for open liquor in my liquor cabinet, but I'll bet you that the judge will toss the case out of court.

If I'm in a taxi cab, drunk as a skunk, and the driver runs into a convenience store while leaving the engine running....the judge will toss that case too, if I get charged.

my point is there are always exceptions to any rule. If you want to sleep it off in a car, make sure your defense is reasonable, something as simple as no keys and the judge will toss the case out of court.

PoliticalNick

#20

Re: Only in Saskatchewan

Oct 25th, 2012

Quote: Originally Posted by Nuggler

Sorry folks. It's care and control, and if you have the keys you is it.

tough nuts

better than people dead

I agree with any law, including summary execution which will keep drunks off the ****ing roads

Screw the lawyers and the horses they ride in on.

Lost friends due to drunken ****ing idiots who hire the very "best" lawyers, and defer their cases for years. They and their lawyers should be shot on sight.

Until you or a family member is a victim of someone who blames everyone and everything except him/her self for their actions you just WON'T get it.

YOU WON'T GET IT.

Hey Nug...I get it. Lost a cousin and one halloween years back lost 3 friends in one go. Believe me I get it. That is why I would rather see someone sleeping in the backseat in the parking lot of the bar than driving home. If it happens to be January in Grande prairie and they run the vehicle to stop from dying I am ok with that, at least they made the responsible choice to NOT drive away. Far better to have them sleeping in the car than driving it anywhere. Of course the DD or a taxi or bus are always preferred options but when it comes down to brass tacks if you have the choice of them driving or sleeping with the heater on what are you gonna choose?

karrie

#21

Re: Only in Saskatchewan

Oct 26th, 2012

Quote: Originally Posted by Nuggler

Sorry folks. It's care and control, and if you have the keys you is it.

tough nuts

better than people dead

I agree with any law, including summary execution which will keep drunks off the ****ing roads

Screw the lawyers and the horses they ride in on.

Lost friends due to drunken ****ing idiots who hire the very "best" lawyers, and defer their cases for years. They and their lawyers should be shot on sight.

Until you or a family member is a victim of someone who blames everyone and everything except him/her self for their actions you just WON'T get it.

YOU WON'T GET IT.

So if we've lost people to drunk driving, seen friends and family crippled by drunk drivers, and still we disagree about punishing someone who was clearly not a threat.... what then?

IdRatherBeSkiing

#22

Re: Only in Saskatchewan

Oct 26th, 2012

Quote: Originally Posted by karrie

So if we've lost people to drunk driving, seen friends and family crippled by drunk drivers, and still we disagree about punishing someone who was clearly not a threat.... what then?

rubber bullets perhaps?

taxslave

#23

Re: Only in Saskatchewan

Oct 26th, 2012

Quote: Originally Posted by PoliticalNick

While the charges are well within the CCC I don't agree with with the premise. If someone is responsible enough to climb in the back seat and sleep it off they shouldn't be punished for it. Now in this particular case he was behind the wheel with the engine on so maybe there is some small justification but really if the bar confirms he asked for a cab and was just trying to keep warm in cold weather he doesn't deserve a criminal record. There needs to be some common sense used in these cases. Putting people through the system for being responsible and NOT driving flies in the face of the intent of the law IMHO.

When was the last time you saw common sense and law being on the same page?

petros

#24

Re: Only in Saskatchewan

Oct 26th, 2012

Quote: Originally Posted by JamesBondo

I have to respectfully disagree with the prevailing theme to some of the posts on this thread.

If I'm sitting on the tailgate of my truck with a beer, and the back of my truck has a sleeping bag, campstove, and a cooler.....I'm camping. If I'm camping, it is my place of residence.

If I have a motorhome and I'm coming down the highway, and a cop pulls me over. He can try to charge me for open liquor in my liquor cabinet, but I'll bet you that the judge will toss the case out of court.

If I'm in a taxi cab, drunk as a skunk, and the driver runs into a convenience store while leaving the engine running....the judge will toss that case too, if I get charged.

my point is there are always exceptions to any rule. If you want to sleep it off in a car, make sure your defense is reasonable, something as simple as no keys and the judge will toss the case out of court.

What sepeartes an RV from a passenger vehicle is the toilet. Pick up trucks don't have toilets

***SCENARIO***

Cops drive through a bar parking lot, find a person crashed out in a vehcile with motor running. Did they just walk out of the bar and get into the vehcile or did they just pull in?

karrie

#25

Re: Only in Saskatchewan

Oct 26th, 2012

Quote: Originally Posted by petros

What sepeartes an RV from a passenger vehicle is the toilet. Pick up trucks don't have toilets

Not true. Sleepers on your truck are enough to get around the law, as are camper vans whether they have a toilet or not.

petros

#26

Re: Only in Saskatchewan

Oct 26th, 2012

Quote: Originally Posted by karrie

Not true. Sleepers on your truck are enough to get around the law, as are camper vans whether they have a toilet or not.

To drink in your vehcile as mentioned by Jane Blonde you NEED a toilet. Check the laws.

karrie

#27

Re: Only in Saskatchewan

Oct 26th, 2012

Quote: Originally Posted by petros

To drink in your vehcile as mentioned by Jane Blonde you NEED a toilet. Check the laws.

Ah... JaneBlonde mentioned a lot more stuff than just drinking in a vehicle, I thought you were still discussing the sleeping issue.

petros

#28

Re: Only in Saskatchewan

Oct 26th, 2012

First thing she mentioned was cracking a beer and sitting on the tailgate with bed ready in the box. That is fine if you are at home or have rented a spot. That spot is your temporary residence.

"residence" means

(i) any building, part of a building, tent, mobile home, trailer, ship, yacht or boat where a person resides, including lands appurtenant and adjacent thereto that are essential or appropriate for the private use, occupation and enjoyment thereof, but does not include
- (A) part of a hotel or club other than a private guest room,
  (B) a mobile home or trailer being operated on a highway or stopped within the highway right of way, and
  (ii) such other areas, places or properties as are designated by the regulations as a residence;

PoliticalNick

#29

Re: Only in Saskatchewan

Oct 26th, 2012

Let's face it here. The real determining factor is the cop who finds you. Some will exercise their discretion and let things go recognizing someone made a conscious decision to NOT drive drunk. Others will load up every charge they can find regardless just for their own amusement. Not all cops are d*ckheads but there are some that will ruin a person's life because they didn't get laid before going on shift that night.

petros

#30

Re: Only in Saskatchewan

Oct 26th, 2012

The laws is the laws is the law. Cops can't use discretion in some incidences, this is one of those things. It's all in the hands of the Crown.

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