Drinking In Vehical

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

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seemsok
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Drinking In Vehical

Unread post by seemsok »

Hey im wondering if the driver of a vehical can get a ticket for allowing their passengers to drink in the vehical. and what is the charge is for the passenger. thanks

daggx
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Unread post by daggx »

As the driver you could be charged under section 32. (1) of the Liquor Licence Act, the maximum penalty under this section is a fine of $100,000 or imprisonment for a term of not more than one year or both. Now I doubt you would get something that harsh on a first offence but it still is not worth the risk. I have quoted and linked to the law below if you want to read further.


http://www.e-laws.gov.on.ca/html/statut ... e.htm#BK72

32. (1) No person shall drive or have the care or control of a motor vehicle as defined in the Highway Traffic Act or a motorized snow vehicle, whether it is in motion or not, while there is contained in the vehicle any liquor, except under the authority of a licence or permit. R.S.O. 1990, c. L.19, s. 32 (1).

Exception

(2) Subsection (1) does not apply if the liquor in the vehicle,

(a) is in a container that is unopened and the seal unbroken; or

(b) is packed in baggage that is fastened closed or is not otherwise readily available to any person in the vehicle. R.S.O. 1990, c. L.19, s. 32 (2).

viper1
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Unread post by viper1 »

seemsok wrote:Hey im wondering if the driver of a vehical can get a ticket for allowing their passengers to drink in the vehical. and what is the charge is for the passenger. thanks

Passenger is "liquor other then home."

If your are not drinking maybe liquor readily available.


Not sure about prices , just don't do it.


Cheers

Viper1

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use at your own risk"
Stanton
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Unread post by Stanton »

Charge wordings & fines below.


Driver:

1) Driving/Having Care Control of motor vehicle with open/unsealed liquor - 32(1) LLA - $175/$210

2) Driving/Having Care Control of motor vehicle with liquor readily available - 32(1) LLA - $150/$180


Passenger:

1) Consuming liquor/Having liquor in open container in other than licensed premises, residence or private place - 31(2) LLA - $100/$125


Also note that by consuming alcohol in your vehicle, police have full authority to search you, your vehicle and the occupants.

"A police officer who has reasonable grounds to believe that liquor is being unlawfully kept in a vehicle or boat may at any time, without a warrant, enter and search the vehicle or boat and search any person found in it." 32(5) LLA

seemsok
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Unread post by seemsok »

admin wrote:Don't allow your passengers to drink in your vehicle dude! What's wrong with you?

I was curious cuz i enjoy gettin hammerd while others drive me around, doesnt everybody?... is it legal in a limo?

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Unread post by admin »

seemsok wrote:

I was curious cuz i enjoy gettin hammerd while others drive me around, doesnt everybody?


No its not normal to do that, and you might have a drinking problem if you are contemplating such things. Why dont you just drink in a bar and then get your friend to drive you around after? You should not drink in the car as a passenger. Thats a very stupid thing to do. It also gives drinking access to your driver (who might ask you for a sip if hes also that stupid enough to allow you to drink in his car, while driving you around to get "hammered").

seemsok
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Unread post by seemsok »

admin wrote:
seemsok wrote:

I was curious cuz i enjoy gettin hammerd while others drive me around, doesnt everybody?


No its not normal to do that, and you might have a drinking problem if you are contemplating such things. Why dont you just drink in a bar and then get your friend to drive you around after? You should not drink in the car as a passenger. Thats a very stupid thing to do. It also gives drinking access to your driver (who might ask you for a sip if hes also that stupid enough to allow you to drink in his car, while driving you around to get "hammered").



ha i was just curious, i wouldent drink in a car.

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Unread post by Radar Identified »

Then again, there have been drivers who have been stopped for drinking alcohol while driving... in front of a marked police cruiser. (Just ask the OPP who patrol the 400 on a summer long weekend.)

* 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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