can i be charged with DUI if...

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beleafer81
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can i be charged with DUI if...

by: beleafer81 on
Sun Jan 31, 2010 8:05 pm

I was surprised to learn that there are certain laws in the USA that a person can be charged with DUI if they have been drinking and sitting in the drivers seat with keys in the ignition, but not actualy driving.

As for myself I like to spend some time on the weekends in the warm months washing the car inside and out. I also enjoy knocking back a few pints of brew as I do. keys in the ignition so I can have some tunes. So If a police officer comes by could I be in trouble for this? Keep in mind my car is always parked in my driveway not parked on the road.
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by: admin on
Sun Jan 31, 2010 8:17 pm

beleafer81 wrote:I was surprised to learn that there are certain laws in the USA that a person can be charged with DUI if they have been drinking and sitting in the drivers seat with keys in the ignition, but not actualy driving.

As for myself I like to spend some time on the weekends in the warm months washing the car inside and out. I also enjoy knocking back a few pints of brew as I do. keys in the ignition so I can have some tunes. So If a police officer comes by could I be in trouble for this? Keep in mind my car is always parked in my driveway not parked on the road.
Same law applies in Canada. If you are in your own driveway though you can't be charged.
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by: hwybear on
Sun Jan 31, 2010 8:24 pm

admin wrote:
beleafer81 wrote:I was surprised to learn that there are certain laws in the USA that a person can be charged with DUI if they have been drinking and sitting in the drivers seat with keys in the ignition, but not actualy driving.

As for myself I like to spend some time on the weekends in the warm months washing the car inside and out. I also enjoy knocking back a few pints of brew as I do. keys in the ignition so I can have some tunes. So If a police officer comes by could I be in trouble for this? Keep in mind my car is always parked in my driveway not parked on the road.
Same law applies in Canada. If you are in your own driveway though you can't be charged.
YES, you can still be charged in your own driveway. Criminal Offences in Canada applies everywhere.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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beleafer81
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by: beleafer81 on
Sun Jan 31, 2010 8:30 pm

That really sucks big. How can they do that? you cant separate the D from the UI can you? Ok so Is it because the keys are in the ignition? If the keys are in the house would that be different?

Also if at all posible could someone show me the part of the HTA that says that?
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hwybear
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by: hwybear on
Sun Jan 31, 2010 8:34 pm

Private property is not exempt from the criminal code.

(ie: can drink beer on your lawn mower as LLA does not apply as it is private property, but if your hammered can be charged with impaired)
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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by: Radar Identified on
Sun Jan 31, 2010 8:41 pm

beleafer81 wrote:Also if at all posible could someone show me the part of the HTA that says that?
It's not HTA, it's Criminal Code of Canada, as hwybear says.
Operation while impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the persons ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the persons blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
Link to Criminal Code

Problem is the "care or control" part. Having the vehicle in your possession with the keys in the ignition is both care and control, and nothing says it has to be care/control on a public road, just anywhere in Canada.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
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