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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 12-13-2009, 12:26 AM   #1
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driving with opened alcohol

just wanted to ask a question,
for not allowed having drinks in the passenger compartment, is trunking alcohol that has been opened illegal? like driving totally sober but the alcohol is opened and capped/corked in the trunk
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Old 12-13-2009, 07:53 AM   #2
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Liquor in motor vehicle
44 (1) In this section:

"motor home" has the same meaning as in the Motor Vehicle Act;

"motor vehicle" has the same meaning as in the Motor Vehicle Act, and includes an all terrain vehicle as defined in the Motor Vehicle (All Terrain) Act.

(2) Subject to subsection (3), a person must not drive or otherwise exercise control over the operation of a motor vehicle, whether or not it is in motion, while there is liquor in the person's possession or in the motor vehicle.

(3) Subsection (2) does not apply

(a) if the liquor is in a container that is unopened and has an unbroken seal,

(b) if the liquor is being transported or used in accordance with a licence issued under this Act, or

(c) in any other case, if the motor vehicle

(i) is a motor home and the liquor is kept in a cabinet away from the driver's area,

(ii) is a station wagon or hatchback and the liquor is behind the rear seat, whether or not that seat is in an upright position,

(iii) is a pickup truck and the liquor is in an exterior compartment, a space designed for the carriage of baggage or parcels or any other location that is not readily accessible to any person in the motor vehicle,

(iv) is a motorcycle and the liquor is not readily accessible to the operator, or

(v) is not one referred to in subparagraphs (i) to (iv) and the liquor is in the trunk or space designed for the carriage of baggage or parcels.
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Old 12-13-2009, 08:15 AM   #3 has a homepage?!
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I have always wondered what if a driver was pulled over for a breathalyzer test. And right before the test, the driver intentionally takes a swig at a methanol based mouthwash. Does the officer take the driver to a hospital to get a alcohol blood test?
Originally Posted by JSALES View Post
While driving yesterday I saw a banana peel in the road and instinctively swerved to avoid it...thanks Mario Kart.
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Old 12-13-2009, 09:28 AM   #4
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Well if he swallowed the mouthwash it would still affect the breathalyzer as the alcohol would still be absorbed into his blood. The driver would probably be charged with obstruction though...
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Old 12-14-2009, 06:57 AM   #5
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As part of the training for a roadside screening device we use mouthwash to give a temporary high reading. The residual alcohol levels drop in a couple of minutes. If there is any indication of recent consumption we will wait 15 minutes to do a test. If we get a fail indication on the ASD and we also notice other symptoms of impairment, you go back for a Datamaster test. If you want to waste about 2 hours of your time, have your car impounded and possibly be charged for obstruction, I have to ask why? Most drunks want to seem to have less alcohol in their systems, not more.
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