Only in Saskatchewan

Locutus

Locutus

Adorable Deplorable
Jun 18, 2007
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Or not, who knows. :lol:

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

CDNBear

Custom Troll
Sep 24, 2006
43,839
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Ontario
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.
Click to expand...
Guy is guilty.

That's nothing new.
 
petros

petros

The Central Scrutinizer
Nov 21, 2008
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Even if he crashed out in th trunk he's still guilty.

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

damngrumpy

Executive Branch Member
Mar 16, 2005
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kelowna bc
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.
 
damngrumpy

damngrumpy

Executive Branch Member
Mar 16, 2005
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kelowna bc
If you leave the keys outside and someone steals it you might not have insurance
why not just take a cab to the pub
 
karrie

karrie

OogedyBoogedy
Jan 6, 2007
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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

PoliticalNick

The Troll Bashing Troll
Mar 8, 2011
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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

karrie

OogedyBoogedy
Jan 6, 2007
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PoliticalNick said:
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.
Click to expand...

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.
 
J

JamesBondo

House Member
Mar 3, 2012
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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

Nuggler

kind and gentle
Feb 27, 2006
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Backwater, Ontario.
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

Cannuck

Time Out
Feb 2, 2006
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Alberta
karrie said:
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.
Click to expand...

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.
 
J

JamesBondo

House Member
Mar 3, 2012
4,158
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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

PoliticalNick

The Troll Bashing Troll
Mar 8, 2011
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Edson, AB
Nuggler said:
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.
Click to expand...

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?
 
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