REVscene - Vancouver Automotive Forum

ninjatune · 03-19-2015, 05:50 PM

Disconnect your battery, chock your wheels, sleep in the back. The main issue is care and control... Can't put the vehicle into motion, even without starting it = no chance of care and control mwahaa

no srsly take a cab.

zulutango · 03-19-2015, 06:43 PM

Quote:

Originally Posted by meme405

^^All of these.

I'll go one step further; I have a dick, so in theory it's possible for me to commit rape. So the police should just book me as a sex offender now, since apparently there is this imminent doom that I will rape someone.

Personally I'm in favour of castration...that would prevent you being a rape risk. Just sayin it worked for Lorena Bobbit.......

ZN6 · 03-20-2015, 10:25 AM

LOL sitting near your car on a fuckin' curb and you get charged with impaired driving on the spot just because you have your keys on you? What if you sat in the window seat of a restaurant with the car parked out front 10ft away? Are cops going to actively come into the restaurant and question you then ticket you for DUI? That's a little too far.

I respect an officer who is trying to stop drunk driving and saving lives, but I don't support entrapment of any sort. The only way that it could be any worse is if the cop was like "Hey buddy, let's get you back in your car so you can take a seat and rest off the alcohol", then bam, instantly impounds your car because you are in it and writes you a ticket. That would be a dick move.

sebberry · 03-20-2015, 10:38 AM

Where precisely does "care and control" take effect?

If you're at home, drunk, and your car is in the driveway, does that qualify as "care and control" for the purpose of being charged?

If you're at home, drunk, and your car is in the garage you enter to get another beer out of the fridge, does that qualify?

If your car is parked in a parkade downtown, and you're drunk, and you are walking towards the parkade because you see an empty taxi you want to take home, does that qualify?

What if en route to get the taxi you stop at your car to grab your jacket, does that qualify?

Does being charge for impaired driving because you have "care and control" not require an element of intent to drive? If not, then you're guilty in all of the above situations simply because you had the ability to drive.

underscore · 03-20-2015, 11:57 AM

Quote:

Originally Posted by FunkyColdMedina

Can't drive to the club and sleep in your car until the next day (so much wtf).

Probably because of the number of people who think that because they slept for a couple hours they're good to drive.

pinn3r · 03-20-2015, 12:43 PM

Quote:

Originally Posted by sebberry

Where precisely does "care and control" take effect?

If you're at home, drunk, and your car is in the driveway, does that qualify as "care and control" for the purpose of being charged?

If you're at home, drunk, and your car is in the garage you enter to get another beer out of the fridge, does that qualify?

If your car is parked in a parkade downtown, and you're drunk, and you are walking towards the parkade because you see an empty taxi you want to take home, does that qualify?

What if en route to get the taxi you stop at your car to grab your jacket, does that qualify?

Does being charge for impaired driving because you have "care and control" not require an element of intent to drive? If not, then you're guilty in all of the above situations simply because you had the ability to drive.

To my understanding, the accused who is found in the driver's seat of a motor vehicle shall be deemed to have had "care and control" of it, UNLESS s/he can establish that s/he was not in the seat for the purpose of setting the vehicle in motion. It's s. 258 of the Criminal Code.

An individual found in the driver's seat, impaired, will be presumptively guilty of impaired care and control.
The accused may rebut this presumption, though. S/he will have to call evidence to establish that s/he didn't pose a realistic and/or inherent risk of harm

Technically, it violates the presumption of innocence; but, the SCC has held that it's a "reasonable limitation" under section 1 of the Charter. The objective of protecting the public from drunk drivers is "sufficiently important to warrant overriding a constitutionally protected right."
I agree.

Therefore, if you turnt up too hard, don't get into the driver's seat

source: my crim law notes

brrrz · 04-01-2015, 10:19 PM

It does not matter if you have the keys, if someone else has your keys, if you are sleeping in the drivers seat, passenger seat, backseat, trunk, or truck canopy. Including if your keys are in South Africa and you are in British Columbia. You can even get a road side prohibition if a police officer sees you walking to your car intoxicated, unlocking it, and reaching in to grab cash for a cab and not sitting in or starting the vehicle (most cases they won't but they have authority to).

Police do not have enough time on their hands to search for your keys if you say to them "I cant drive I dont even have my keys" What if they are hiding in the bush, car, etc. How often do you go hard then wake up still drunk. Most cases it take 8 hours sometimes longer for you to go from intoxicated to sober. Sleeping does not speed up the process.

Think of this situation: Police officer goes up to a car with a person sleeping in it. Person says they are not driving and just going to sleep it off. Person actually does sleep but wakes up at 6am. They are still intoxicated drive home and hit someone and kill them. Blood test comes back the person was still intoxicated. Imagine being the police officer who said it was ok for them to sleep in their car. Could you tell the parent "i thought they would have been ok when they woke up" How about the family who lost someone and everyone affected.

Obviously this is worst case scenario. But there has to be a no tolerance because with so much grey area there would be no where to draw the line.

Don't think about your car. Don't look at your car. Don't bring your car if you decide to drink. Or you end up with $4,000-$6,000 in fines impound and tow fees. Possible interlock. And 16 hours of mandatory responsible driver group counseling.

....trust me, its not worth it.

tool001 · 04-02-2015, 09:30 AM

thats weird,

last time i asked cops to give me a breathalyser (told them i was going to drive, so just wanted to make sure my blood ach.level, this was with my keys in hand , right outside my car). before giving me a breathalyser he said, this is voluntary breathalyser and i wont be penalized if i blow over the limit.

so in my mind (and his) i was going to drive, (just i asked for breathalyser). nothing of sorts that i plan to break drinking and driving laws and car will be impounded or suspension if i blew over

ps. blew a 5.1 (not even a warn as the cop said)

zulutango · 04-02-2015, 09:38 AM

Quote:

Originally Posted by tool001

thats weird,

last time i asked cops to give me a breathalyser (told them i was going to drive, so just wanted to make sure my blood ach.level, this was with my keys in hand , right outside my car). before giving me a breathalyser he said, this is voluntary breathalyser and i wont be penalized if i blow over the limit.

so in my mind (and his) i was going to drive, (just i asked for breathalyser). nothing of sorts that i plan to break drinking and driving laws and car will be impounded or suspension if i blew over

ps. blew a 5.1 (not even a warn as the cop said)

I believe you must be mistaken about that reading. A 5.1 mg% bac would make you likely dead. A point 51 should get you a suspension.

tool001 · 04-02-2015, 09:42 AM

^ sure. i stand corrected.. .51 then (as one of the 2 cops, mentioned it wasn't even a warn), however they said if u get into a accident .51 wont look good (which is obvious).

i then got into my car and drove off.

but my point , that u maybe missed
cop did mention i wouldn't be penalized if i failed the test,

also if u get warn or fail. does it show was warn or fail? or does it show exact bac?

i just read http://www.pssg.gov.bc.ca/osmv/road-...ed-driving.htm

should have been a warn.. weird,

underscore · 04-02-2015, 10:59 AM

You wouldn't be penalized for failing, as you hadn't driven yet. But once you started to drive they could pull you over and make you blow with penalties. I'm assuming they didn't as they appreciated you checking prior to driving.

zulutango · 04-02-2015, 04:18 PM

That .51 reading could still be dangerous and illegal. It all depends on IF your BAC is going up as your body processes recently consumed booze...or going down as it gets rid of it. Personally, if you had that reading and I did the ASD, I would strongly suggest you not drive. Technically at .51 you are over the .50 level and into a 'warn ' situation.

vitaminG · 04-03-2015, 06:08 AM

Quote:

Originally Posted by FunkyColdMedina

Can't drive to the club and sleep in your car until the next day (so much wtf)

Are you saying if it was legal you would plan to go clubbing and sleep in your car after?

Quote:

Originally Posted by tool001

thats weird,

last time i asked cops to give me a breathalyser (told them i was going to drive, so just wanted to make sure my blood ach.level, this was with my keys in hand , right outside my car). before giving me a breathalyser he said, this is voluntary breathalyser and i wont be penalized if i blow over the limit.

so in my mind (and his) i was going to drive, (just i asked for breathalyser). nothing of sorts that i plan to break drinking and driving laws and car will be impounded or suspension if i blew over

ps. blew a 5.1 (not even a warn as the cop said)

If I'm not mistaken .05 bac is illegal, but the machines are calibrated to not show warn until .06

mr_chin · 04-03-2015, 11:04 AM

Quote:

Originally Posted by brrrz

It does not matter if you have the keys, if someone else has your keys, if you are sleeping in the drivers seat, passenger seat, backseat, trunk, or truck canopy. Including if your keys are in South Africa and you are in British Columbia. You can even get a road side prohibition if a police officer sees you walking to your car intoxicated, unlocking it, and reaching in to grab cash for a cab and not sitting in or starting the vehicle (most cases they won't but they have authority to).

Police do not have enough time on their hands to search for your keys if you say to them "I cant drive I dont even have my keys" What if they are hiding in the bush, car, etc. How often do you go hard then wake up still drunk. Most cases it take 8 hours sometimes longer for you to go from intoxicated to sober. Sleeping does not speed up the process.

Think of this situation: Police officer goes up to a car with a person sleeping in it. Person says they are not driving and just going to sleep it off. Person actually does sleep but wakes up at 6am. They are still intoxicated drive home and hit someone and kill them. Blood test comes back the person was still intoxicated. Imagine being the police officer who said it was ok for them to sleep in their car. Could you tell the parent "i thought they would have been ok when they woke up" How about the family who lost someone and everyone affected.

Obviously this is worst case scenario. But there has to be a no tolerance because with so much grey area there would be no where to draw the line.

Don't think about your car. Don't look at your car. Don't bring your car if you decide to drink. Or you end up with $4,000-$6,000 in fines impound and tow fees. Possible interlock. And 16 hours of mandatory responsible driver group counseling.

....trust me, its not worth it.

These are some bad examples.

If you're found in the driver seat with the keys in reachable distance (even the trunk), you'll might be fined and but your car will be towed for sure.

If you're found in the driver seat and the keys are no where to be found, this is a grey area like you said. The cop will most likely tell you to get out and cab/bus home and give you a warning. A friend of mine was offered a ride home by a police officer from surrey once.

Another friend of mine was found sleeping in his car while we're drinking at a buddy's party. Neighbors called the cops for our loudness and he was found with his keys in possession. The cop was nice enough to come to the house and tell us he can't be sleeping in the car with his keys. This was a long time ago though when drinking and driving laws weren't as strict.

Bottom line is, if you're found sleeping in your car, with or without the keys, the consequence won't as bad as being pulled over while drunk.

underscore · 04-03-2015, 12:33 PM

Quote:

Originally Posted by mr_chin

If you're found in the driver seat and the keys are no where to be found, this is a grey area like you said.

I'd think sitting up front at all is a riskier choice in a manual than an automatic as you can cause the car to move without the keys.

mr_chin · 04-04-2015, 01:40 AM

Quote:

Originally Posted by underscore

I'd think sitting up front at all is a riskier choice in a manual than an automatic as you can cause the car to move without the keys.

Well, if you a person has the intention of rolling a vehicle down a hill, he would have his key in possession ready to drive instead.

The reason for sleeping in your vehicle without your keys where you purposely kept your keys out of your reach is so you have somewhere to sober up so you can cab/walk home after.

dSpaceman · 04-04-2015, 06:49 PM

If a mother leaves her 15 year old son in the car with the keys so he can listen to the radio while she runs into the store to grab some quick groceries, will the police be able to arrest the teenager for driving without a license, seeing how he CAN turn on the vehicle and drive away?

If the answer is yes, this is ridiculous.

mr_chin · 04-06-2015, 06:24 AM

Your example would need to fall under a new law or act.

If the MVA as a section for that, then yes it would be illegal. Luckily there isn't.

brrrz · 04-09-2015, 05:54 PM

Quote:

Originally Posted by mr_chin

These are some bad examples.

If you're found in the driver seat with the keys in reachable distance (even the trunk), you'll might be fined and but your car will be towed for sure.

If you're found in the driver seat and the keys are no where to be found, this is a grey area like you said. The cop will most likely tell you to get out and cab/bus home and give you a warning. A friend of mine was offered a ride home by a police officer from surrey once.

Another friend of mine was found sleeping in his car while we're drinking at a buddy's party. Neighbors called the cops for our loudness and he was found with his keys in possession. The cop was nice enough to come to the house and tell us he can't be sleeping in the car with his keys. This was a long time ago though when drinking and driving laws weren't as strict.

Bottom line is, if you're found sleeping in your car, with or without the keys, the consequence won't as bad as being pulled over while drunk.

These are not bad examples these have happened. If a police officer finds you sleeping in your car intoxicated and does not give you an IRP then consider yourself lucky and to have had a nice officer. This is the law and more times then not you will not be on the lucky side.

You are 100% wrong on your last comment. If you are found sleeping in your car the consequence are exactly the same as if you were driving. Don't tell people wrong information because they will believe it and get charged.