A place to discuss any general Highway Traffic Act related items.

Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend

douggyfresh
Newbie
Newbie
Posts: 5
Joined: Sun Sep 07, 2008 12:58 pm

Drinking And Sleeping In Car

by: douggyfresh on

Anyone know anyone who has been sleeping in their car while drunk?

I got arrested last night for the above mentioned activity and I am very curious to know if others have gotten in a similar situation.

The keys were in the back seat and I was asleep in the drivers seat (not the best place to be, obviously).

The alternative to this was sleeping on the grass, as I had no way to call a cab and catching a bus at 3 in the morning was out of the question.

I received a summons and I'm to appear in court next month...

Peace
Douggy G Fresh
User avatar
BelSlySTi
Member
Member
Posts: 222
Joined: Mon Jun 02, 2008 9:35 am

by: BelSlySTi on

And to think you had enough sense not to drive and you still get pinched!

I think the keys have to be outside of the car, otherwise they are still accessible by the impaired person(s)

[img]http://i328.photobucket.com/albums/l352/toastedwhitebread/Untitled-TrueColor-03.jpg[/img]
User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

by: hwybear on

douggyfresh wrote:I received a summons and I'm to appear in court next month...

Confusing part here.....was it a summons for a provincial offence?


OR Appearance Notice?


OR Promise to Appear?

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
douggyfresh
Newbie
Newbie
Posts: 5
Joined: Sun Sep 07, 2008 12:58 pm

by: douggyfresh on

Ah, didn't realize there was a difference between those.

It's a promise to appear.

And yeah, it really blows... I heard of a guy getting pulled over and he blew over, and yet only got a 24 hr suspension and a $115 fine.

I must've insulted the cop's mother or something... I honestly can't remember except passing out in the drivers seat and next thing I know, I'm cuffed and lookin through bars.

Last edited by douggyfresh on Mon Sep 08, 2008 8:33 pm, edited 1 time in total.
Peace
Douggy G Fresh
User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

by: hwybear on

douggyfresh wrote:And yeah, it really blows... I heard of a guy getting pulled over and he blew over, and yet only got a 24 hr suspension and a $115 fine.

There is no such 24hr suspension and $115 fine in Ontario.....someone is BSing you.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
User avatar
Bookm
Sr. Member
Sr. Member
Posts: 632
Joined: Tue Jan 22, 2008 8:38 pm
Location: Stratford, Ontario

by: Bookm on

What were you actually charged with? Is there a statute written on your summons?

User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

by: hwybear on

Bookm wrote:What were you actually charged with? Is there a statute written on your summons?

Indicated above no summons....it was a Promise To Appear, therefore a Criminal Charge, not part of the HTA

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
douggyfresh
Newbie
Newbie
Posts: 5
Joined: Sun Sep 07, 2008 12:58 pm

by: douggyfresh on

Hmm. Not exactly sure what you mean by statute, but I'm assuming you're asking what I'm being formally charged/accused of.


It says:

Over 80 - Motor Vehicle Section: CC253(b)


"...care and control of motor vehicle...whether in motion or not, 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."


And yes, I agree with you about the bs'ing. It seemed extremely unlikely to me at the time as well.

Peace
Douggy G Fresh
lawmen
Sr. Member
Sr. Member
Posts: 256
Joined: Thu Oct 16, 2008 4:57 pm
Location: Planet X

by: lawmen on

You put the keys in the back seat which was smart. You should be able to beat this charge if you have a competent lawyer. Good luck finding one.


Next time sit in the passenger seat.


Put the emergency brake on. Disconnect the battery. Block the tires with a rock, log, or whatever. If you do these things you cannot be convicted.


Sitting in the drivers seat, even if the keys are in the ignition, is not enough to convict you, everytime. So you have a good shot at beating this but its still going to cost you legal fees.

douggyfresh
Newbie
Newbie
Posts: 5
Joined: Sun Sep 07, 2008 12:58 pm

by: douggyfresh on

You are an amazing human being.

You have not only quite possibly saved me thousands of dollars, but you've also restored my faith in mankind.

Really can't thank you enough!!!

Thanks!

Thank you

And good god you are the man (or men (or woman (or women))).

:D :!: :!: :!: :!:
Peace
Douggy G Fresh
User avatar
Reflections
Moderator
Moderator
Posts: 1489
Joined: Fri Apr 11, 2008 2:49 pm
Location: somewhere in traffic

Moderator

by: Reflections on

there goes my mouse wheel again. I'm gonna start dragging the bar.................

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
User avatar
racer
VIP
VIP
Posts: 957
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

Posting Awards

Moderator

by: racer on

Reflections wrote:there goes my mouse wheel again. I'm gonna start dragging the bar.................

Buy the extended warranty for your new one :lol:

"Page Down" and "End" keys on the keyboard are also pretty handy...

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
User avatar
hwybear
Moderator
Moderator
Posts: 2934
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Posting Awards

Moderator

by: hwybear on

racer wrote:
Reflections wrote:there goes my mouse wheel again. I'm gonna start dragging the bar.................

Buy the extended warranty for your new one :lol:

"Page Down" and "End" keys on the keyboard are also pretty handy...


this helps too

Image
:lol: :lol: :lol:
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
User avatar
racer
VIP
VIP
Posts: 957
Joined: Wed Nov 14, 2007 7:27 pm
Location: Guelph, Ontario
Contact:

Posting Awards

Moderator

by: racer on

hwybear wrote:

this helps too

Image
:lol: :lol: :lol:

Ewwwwww. Those damn computer mice have lead in them!!!

"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com
Post a Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 19 guests